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1962 April Council Proceedings 103 Leo F. FROMMELT Clerk Board of Heaith. 2, 1962 Session, April Regular ................................1962 ..........1962 ~ Members of Bd. of Health ................................................ Clerk Board of Health. Approved Adopted Attest IOWA STATE DEPARTMENT OF HEALTH 1962. Gentlemen: The application for a license to operate the above listed mobile home park during the current li- censing period has been approved. Nays-None. Health OFFICIAL Regular Session, April 2, 1962. Board met at 7:25 P. M. Present-Chairman Louis Schal- ler, Messrs. Robert J. Horgan, James J. Kean, John P. Schreiber, Peter J. Takas, Dr. A J. Entringer. A copy of the letter approving the application, and the yellow copy of the completed applica- tion for a license, are enclosed for your file. Sincerely Division of Public Health Engineering C. L. CAMPBELL Public Health Engineer. Yeas---Chairman Louis Schaller, Messrs. Robert J. Horgan, James J. Kean, John P. Schreiber, Peter J. Takos. Mr. John Schreiber moved th3t the communication be received and made a matter of record. Second- ed by Mr. James J. Kean. Carded by the fOllowing vote: There being no further busmess Mr. Peter J. Takos moved to ad- journ. Seconded by Mr. John P. Schreiber. Carried by the follow~ ing vote: Yeas-Chairman Louis Schaller, Messrs. Robert J. Horgan, James J. Kean, John P. Schreiber, Peter J. Takas. Nays-None. Board of 13, City Clerk Board of Health Trailer Court. March Frommelt Mr. Leo F. City Hall. Attention Local Re: Hawkeye \ 105 I do Dot feel an industric:I de- velopment program should be oper- ated by the city government. To succeed we must have a plan which can gain the support of the entire city and which is com- pletely free and independent in its actions. I would confidently expect ~he Chamber of Commerce to extend complete cooperation to SUC3. an independent organization. '1'hejr records, statistics, and past COD- tacts will be most helpful in find- ing industry. Since they have ex- pressed their desire to bring new industry to Dubuque, I am sure they will welcome a plan which will unite the community in press iog for this goal. Certainly no one will want to obstruct a united in- dependent, community effort to bring industry to Dubuque. Now let me give you some back- ground on the plan and h ow we propose it can operate in DUbuque. PETER J. TAKOS Councilman Takas laid the fol- lowing plan and diagram before the members of the Council. GREENSTElN-OSTE_PFOHL-REYNOLDS-W AHLERT-W ALLIS -W ALSH-WISSEL--ZEHENTNER 2, 1962 Regular Session, April only serves to accent our need. One of the great strong points in Du- buque's economy has been diversi- fication in industry. This diversifi- cation is being destroyed now and more and more we depend on few- er industries to handle our work force. This trend must be re- versed. New industries must be found to replace the jobs we have lost and to provide jobs for our young people. There is no question we have much to offer new industry. We have Industrial park and other lo- cations whi-ch should be considered in long range planning. The suc- cess of other communities in our area serves to underline the oppor- tunity which is now before us. Past efforts to bring industry to Dubuque while meeting with some success have failed to generate a broad base of community support. While the Chamber of Commerce has done some preliminary work on a new program this effort will also face many difficulties in de- veloping general support in the community. For the same reasons It is the mayor's belief and mine as well that success in Industrial Development for our City must have, not only a new approach, but new thinking as well. t We have talked to the man on the street, to the merchant, to the manufacturer who depends on the Dubuque market, to the profession- al man, and to the clergyman. INDUSTRIAL COORDINATOR Publicity External Finance t General Information and Statistics ~ Dubuque In. T. H. dustrial De- W.D.B.Q. velopment K.D.T.H. Commission Dubuque Leader Loras College Banking University of Traffic DUbuque City Clarke College Dock utility Railroad Labor Religion Promotion Employment Housing Cu aure Education Retail Wholesale ManUfacturing: r Economic Research and Statistics Internal Ad~ ministrative Finance OUf conclusions can be summed up under three points. First, to- day in Dubuque there is a need and an opportunity for industrial development. Second, in the past, no adequate or first class effort has been made. Nor is there any plan or machinery or organization now ready to bring new industry to Dubuque, which imbues inspira- tion or has the basic support of the citizenry. Third, the plan we present to you tonight is effective and tested. It is so organized as to operate independent of politi- cal and other group pressures. It can be put into effect at once. Let me examine these points in detail. I think we all agree there is a great need for industrial de- velopment. The recent announce- ment of Farley and Loetscher's 1962. Present-Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber Takos. City Manager Gilbert D Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. follow- Mayor Schaller read the iug statement: Gentlemen: Three months of my Mayor's term have now lapsed. When I was appointed to this of. fiee in January of this year, I clear- ly stated my intentions concerning industrial development. You and I well realize that the backbone of this or any municipality lies with I n d u s t ria 1 Development. Thriving Community activity-Re- tail prosperity-holding down of property taxes - C i v i c improve- ments with the blessing of the Tax- payer - and prideful community spirit, all result from healthy in- dustrial development. Seeking new industry is one of the most competitive efforts a city can engage in. It is vital there. fore that we, in Dubuque, put forth from this night, a first class and all out effort in acquiring new industry. I am well aware of the plant locations within our City in the past several years, and ~hey are most welcome additions. I am also aware that these plants do not even come close to balancing the loss we have suffered with the closing of Western Auto, General Dry Batteries, International Har- vester, Glovers, Nurre Glass Co., Dubuque Fire and Marine and Loetschers. In losing these plants we nave been hurt in three areas. I-Sec. ondary income has been Lessened; 2-Job diversification which was traditionally a great asset, is dwind- ling, and 3--Job productivity has also diminished. COUNCIL OFFICIAL 2, P. M. Regular Session, April 2, Session, April at 7:30 1962 I believe it is time for the Coun- cil to consider it's responsibility to the people of Dubuque. I be- lieve the time has come for the Council to exert leadership to stim- ulate proper and immediate actic,ll. A successful program must incor~ porate these factors: I-All citi- zens and all groups must be solid- ly united; 2-Individuals must have the confidence of all citizens and groups, and; 3-The program must be singular in purpose with inspired, relentless effort by its leaders. For the past three months Councilman Takas and I have been analyzing Dubuque'S condition. We have done extensive research, talked to all citizens of the com- munity seeking information and advice. As a result, we have de- veloped a plan which we now put before the rest of the members of the Council for their consideration. I will ask Councilman Takas to explain the plan in detail. Councilman Takos read the fol- lowing statement. met 104 CITY Council Regular 107 Section 3. That the City Council is fully cognizant of the obligations and responsibilities that are im- posed by a Federal contract for a grant to assist in the preparation of a Community Renewal Program, and it is the sense of this Body that such obligations can and will be fulfilled. Section 4. That the filing of an application by the City of Du~ buque for a grant under Title I of the Housing Act of 1949, as amended, in an amount not to ex- ceed $83,513 to assist in financing the preparation of a Community Renewal Program for the City of Dubuque is hereby authorized and approved, and the City Manager is authorized to execute said appli- cation. Passed, adopted and approved this 2nd day of April, 1962. LOllS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Attest Councilman Takas moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council men Kean, Schreiber, Takas. Nays-Councilman Horgan. The following statement was read by Councilman Horgan rela- tive to Urban Renewal. I oppose the present Urban Re- newal Planning program of the City Manager for the following reasons: 1. ~ The program outlined by the manager contradicts fundamen- tal principles of government in Dubuque. The Manager states that this program will produce part timeness, cooling enthus- iasm over the long pulls and lack of coordinated effort. 2. The program as outlined by the Manager fails to identify what problems it tends to solve. In fact the program is so vague that it at one and the same time promises to solve all prOblems whether they exist or not. 2, 1962 Session, Apri RESOLUTION NO. 67_2 RESOLUTION OF CITY COUNCIL OF DUBUQUE, IOWA, APPROV. ING THE PREPARATION OF A COMMUNITY RENEWAL PRO- GRAM FOR CITY OF DU. BUQUE, IOWA AND THE FlL- ING OF AN APPUCATlON FOR A FEDERAL GRANT TO AS- SIST IN FINANCING ITS PREPARATION. WHEREAS, under Title I of the Housing Act of 1949, as amended, the Housing and Home Finance Ad- ministrator is authorized to make grants for the preparation or com- pletion of Community Renewal Pro- grams; and WHEREAS, it is desirable and in the Federal contract for a grant to of Dubuque, Iowa prepare a Com- munity Renewal Program for the City of Dubuque, situated in the County of Duhuque, and State of Iowa; and WHEREAS, it is recognized that the Federal contract for a grant to assist in the preparation of the Community Renewal Program will require among other things, that: (1) Regular The City of Dubuque, Iowa, shall prepare the Community Renewal Program with all practicable dispatCh; The Community R e new a 1 Program shall conform to the general plan of the City of Dubuque as a whole; The provision of the City of Dubuque's share of the cost of preparation of the Com- munity Renewal Program; and Other local obligations and responsibilities in connec- tion with the preparation of the Community Renewal Pro- gram: (2) (3) (4) NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the preparation of the Community Renewal Pro- gram referred to above by the City of DUbuque, Iowa is hereby ap- proved. Section 2. That the financial as- sistance under Title I of the Hous- ing Act of 1949, as amended, re- ferred to above, is required to en- able the City of Dubuque, Iowa to finance the preparation of the Community Renewal Program. 1962 imperative that we sit down and work out something between the two groups. After considerable discussion Councilman Tako.s moved that pr'~~ liminary approval be given to the plan as submitted, said motion was amended by Councilman Schreiber that the Mayor's state- ment and Councilman Takas' pre- sentation be made a matter of record. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Councilman Takas moved that the Council between now and next Tuesday evening sit down with the Chamber in joint session to discuss this plan. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council Kean, Schreiber Councilman Takas moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second~ ed by Councilman Schreiber. Car- ried by the following vote: Schaller, Council- Kean, Schreiber, Yeas-Mayor men Horgan, Takos. March 30, To the Honorable Mayor and City Council Gentlemen: The Planning and Zoning Commission has examined Preliminary Detailed Outline Du- buque Development Program dated February 24, 1962. The program is a very compr~- hensive and complete outline. The Planning and Zoning Com- mission recommends that a Du- buque Development Program study be made. 1962 Respectfully yours, DUBUQUE PLANING AND 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 men Horgan, Takos. Nays-None. Schaller, Council Kean, Schreiber, Attorney Francis O'Connor, Vice President of the Chamber of Com- merce, stated that the Chamber does recognize the possible need for a full time Industrial Consult- ant and he further stated that he is of the opinion that the Chamber has the man-power, finances, etc., to get the job done. He was of the opinion that no City action should be taken without having full knowledge of what the Cham- ber is doing. The Chamber is not making a proposal to appropriate the job of Industrial Expansion but they are a responsible body and the job has been historically one of the Chamber's functions. As to the Clinton plan referred to at various times by Councilman Takos, most cities that have been successful adopted the Chamber plan and not the Clinton plan. Councilman Schreiber expressed hesitancy in giving either prelimi- nary or final approval to the plan submitted by Councilman Takos. Councilman Kean stated that it is a commendable program but it is Nays-None. "w Councilman Horgan asked why a vote was needed since the City Government was not involved. Schaller, Council. Kean, Schreiber Regular Session, April 2, Councilman Takos was of the opinion that $100,000.00 is needed. The money should be acquired by the issuance of $25,000 stock cer- tificates. Loras College, Umver- sity of Dubuque and Clarke Col- lege could serve as assistants to the coordinator. As to General In- formation and Statistics it should be composed of sixteen categories of men who know their field and would give information to the co- ordinator. Utility composed of two men from Electric and Gas; Religion two men-one Catholic and one Protestant; Education two men--one from the public and one from the Parochial school systems. General information and statistics as listed above. External Finance would be the advancing of monies. 106 109 Communication of Mrs. Robert Hird of Waterloo, Iowa, stating that the use of n.D.T. in spraying elm trees will kill robins, presented and read. Mayor Schaller moved that that the communication be refer- red to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller. Council men Horgan, Kean, Schreiber, Takos. Nays-None. Communication of Charles and Doris Davis signifying their inter. est in the purchase of Lot 1 of 2 of Lot 163 and Lot 1 of the Sub. of Lot 163 of L. H. Langworthy's Addition situated on Kane Street, presented and read. Councilman Schreiber moved that the com. munication be referred to the Plan. ning and Zoning Commission. Sec- onded hy Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 2, 1962 Communication of Sol Tabak dated March 20, 1962 expressing his appreciation for being selected to serve On the Planning and Zon- ing Commission, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by May- or Schaller. Carried by the fol- lowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council Kean, Schreiber, Session, April Mrs. W. Humke and Clarence Kipper also voiced objections to the present gas rates. Councilman Horgan moved that the petitions be received and filed, and the Mayor he directed to send a letter to the Gas Company ask- ing for full explanation for disM crepancy in rates in the following cities; Muscatine, Cedar Rapids, Waterloo, Dyersville, all in Iowa, and Rochester, Minnesota. Second- ed hy Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, K e a n, Schreiber. Takos. Nays-None. Councilman H 0 r g a n further moved that it is requested that this be an official statement of the company. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council Horgan, K e a n, Schreiber, men Takos. Nays-None. Communication of League of Iowa Municipalities submitting a list of items in the bUdgeting of the City Street Fund in order to protect future urban interests in the State Highway program and the use of increased road use tax funds, presented and read. Councilman Schreiber m 0 v e d that the communication be referred to the City Mauager. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council Kean. Schreiber, Regular .'II~i ~ Communication of Sol Tabak, dated March 23, 1962, submitting his resignation as a member of the Planning and Zoning Commis. sian due to time conflict when meetings are normally held, pre- sented and read. Councilman Schreiber moved that the resigna. tion be accepted with regret and the Mayor instructed to send a letter. Seconded hy Mayor Schal- ler. Carried by the following vote: Yeas-Mayor Sehaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Communication of U. S. Confer. ence of Mayors submitting a list of highlights of the program to be held at the annual conference of Mayors in Miami Beach May 13th to 16th, presented and read. Mayor Schaller moved that the communication be received and filed. Seconded by Councilman Schrieiber. Carried by the follow- ing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council- Kean, Schreiber, , I , I ; \ t April 2, 1962 question in the mind of the ob- jectors seemed to be "Will the pro. gram lead to an Urban Renewal project?" City Manager Chavenelle said that nobody stated that it would not lead to that but it does not necessarily have to lead to a com- plete urban renewal project. The City Manager explained the cost as follows; City 41,000.-Fed- eral $81,000.-Beyond this $15,000 for traffic. - Additional $28,000 plus approximately $6500. in the future. The City will be asked for $70,000. tax money and $20,000 from the parking meter fund. To the Honorable and City Council Gentlemen: A proposal has been made to the City by Victor Gruen Associates Whereby they will make a traffic and parking survey and program in the downtown area of the City of DUbuque for a fee of $15000.00. I recommend that you accept this proposal and authorize the City Manager to negotiate a con. tract for this service. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schaller moved that the recommendation of the City Mana. ger be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, K e a n, Schreiber. Takos. Nays-None. 1962 April 2, Mayor Regular Session, 10:30 Petition of W. L. Hauth et ai, containing 5460 signatures, requestM ing the Council to take the neces&- ary steps to reduce gas rates in Dubuque to bring them in line with other cities in this area of com. parable size, presented and read. Mr. W. L. Hauth of 815 Euclid Avenue stated that Dubuque has been a goat when it comes to gas rate charges. The Council should adopt an Ordinance and lower the rates. COUNCIIL RECESSED AT P.M. RECONVENED AT 10:35 P.M. 4. The program and the terms which are used to describe it are so vague as to be meaning- less examples and thus useless for assisting in the making of a sound policy decision. For these principles and numerM ous minor reasons I cannot indorse this plan. I would like to add that 1 am not against the improvement of our City. However I would like to see a plan which can function within the limits of our system of government, a plan which can and has been explained to the taxpayers who are going to foot the bill, a plan which is supported hy all segments of the City. Mr. Eldon A. Pfohl addressed the Council by stating that it looks like a misconception of GovernM ment. If we are not going into Urban Renewal just what kind of a program is going to be settled for and what is it going to cost. He further stated that the Council is making a mistake. Mr. Sam Pusateri, a local real. tor, stated that there is a more important factor than finances. which is satisfaction. We will get the whole train and not just the engine. The City should get a pro- gram they can support themselves thereby building up Dubuque for Dubuquers. Urban Renewal is a law that forces people to sell their property;- with "A" the owner selling to UBU who gets it at a re- duced price, the theory being that "B" has the credit to get the prop. erty improved. He definitely stated that the City is buying the whole package of Urban Renewal and not merely the initial planning. Mr. Tom Loosbrock a member of the Urban Renewal Consultant Committee said that the newest concept of Urban Renewal is to discuss our own program. Mr. R. F. Sefzik stated that we are not gettiug all the facts about Urban Renewal. The Federal Gov. ernment does not give you someM thing for nothing. Mrs. Robert McCahe objected to the plan because of a possible increase in the tax rate. The main The program as outlined by the Manager offers no alterna. tives for the Council's consider. ation. 108 3. '. ~ 111 Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Nays-None. Schaller, Council- Kean, Schreiber, 1962 Gentlemen: This is to advise that I have ap- proved the following bonds and policy and desire to have your ap- proval on same for filing, subject to the approval of the City Solicit- or: No. 28214- & Guaran- SIDEWALK Richard Anthony, Bond 13-336-57, U.S. Fidelity ty Co. M. P. Kluck and Son, d/b/a Merlin P. Kluck, Boud No. 28214-13.624-53, U.S. Fidelity & Guaranty Co. Cyril Hanten, Bond No. 630908.62, Western Surety Co. Merchants Mu. 854567-62, 656446-62, EXCAVATING Curtis-Straub Company, Policy No. CL 636-067, American States In- surance Co. Respectfully submitted, Gilbert D. ChaveneIIe, City Manager Councilman Schreiber moved that the bonds and policies be filed sUbject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the fOlloWing vote 1962 Schaller, Council Kean, Schreiber 2, March 23, morable Mayor Council April Mayor HEATING Loras Beadle, Bond No. Western Surety Co. Alex Kollar, Bond No. Western Surety Co. To the Honorable and City Council Robert Shireman, tual Bonding Co. Regular Session, April 2, 1962 YeaS-Mayor men Horgan, Takas. I do not see any reason for a planned plowing system to be dis- rupted by the desires for anyone location in the city. Such disrup- tion would of course be at the expense of more congested heavier traffic and locations that are on hills. I most certainly do not recom. mend that the City pay the bill sub. mitted by Mr. Hansel. Councilman Schreiber moved that the recommendation of the City Manager be approved. Second. ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. March To the Honorable Mayor and City Council Gentlemen: I recommend the installation of ten (10) 4000 lumen incandescent lights on Grandview Avenue be- tween Fairway and Cerro Drives. Respectfully submitted, Gilbert D. Chavenelle, City Manager 1962 Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. 1962 To the Honorable and City Council Gentlemen: It is recommended that eighteen (18) street lights be installed on Kerper Boulevard from Fengler Street to East 16th Street. These lights will be 175 watt mercury vapor lights mounted on poles erected just outside the driving space on both sides of the boule- vard. It is also recommended that a street light be erected at the inter- section of Algona and Custer Streets. Respectfully submitted, Gilbert D. Chavenelle, City Manager Schaller, Council Kean, Schreiber. Respectfully, Gilbert D. Chavenelle, City Manager 28, March 26, Mayor Regular Session, April 2, 1962 cussed. Frederick Nagel and his brother were present at the Febru- ary meeting and were permitted to address the Board. After some fur- ther discussion the Board author- ized the Secretary to submit the name of Frederick Nagel to the Civil Service Commission as hav- ing passed the Medical Board and asked the Civil Service Commis- sion to submit his name to the City Council. Another applicant of this same group of applicants was re-jected on his first examination made Jan- uary 3, 1962 but was accepted on his second examination dated J an- uary 10, 1962. At no time has the Secretary of the Fire Pension and Retirement Board ever authorized any appli- cant to be re-examined by the Medical examiners. Respectfully submitted, EDWARD M. TSCHlRGl, Secretary Fire Pension and Retirement Board P.s. We understand that effective February 16, 1962 appointments have been made to the Fire De- partment from the first list sub- mitted to the City Council. E. M. T. 1962 To the Honorable and City Council Gentlemen: This is in regard to Mr. R. V. Hansel's letter dated March 10th about snow work in the area of the Key Knolls Subdivision. I should like to point out to the Council that the streets in the Key Knolls Subdivision are on our regular snow plow route #17, and snow plowing in the area has been carried out throughout the winter. Although the subdivision is at the extreme end of the plowing route and although we have not been able to serve the area as promptly as Mr. Hansel desires, we have on the occasion of every storm, plowed the area as soon as it was possible. Mayor Schaller moved that the communication be received and fil- ed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. March 20, Mayor The examinations of Frederick Nagel were received by the Secre- tary as follows: Dr. A. J. Entringer-dated De- cember 26, 1961 and passed Dr. H. M. Pahlas---<lated Decem- ber 19, 1961 and passed Dr. J. A. Thorson-dated Janu- ary 2, 1962 and rejected due to hearing When all the examinations of the applicants were completed they were given to the Chief of the Fire Department for his examination. On January 30, 1962 the regular monthly meeting of the Fire Pen. sion Board was held. At this meet- ing all examination papers of the applicants were inspected by the full board. Since the examination of Frederick Nagel was rejected by Dr. Thorson, the name of Fred- erick Nagel was not certified to the City Council for appointment. On or about February 19, 1962 the Secretary received a second examination from Dr. Thorson in which he approved Frederick Nagel as an applicant to the department. At the regular monthly meeting of the Fire Pension and Retirement Board held on February 27, 1962 the second examination of Freder- ick Nagel was presented and dis- April Mayor On December 26, 1961 the Sec- retary of the Fire Pension and Re- tirement Board was given a list of applicants who successfully pass- ed the written examinations con~ ducted by the Civil Service Com- mission. After consulting with the Chief of the department the appli- cants were notified by telephone to present themselves to the Medi- cal Board for examination. Freder- ick Nagel was a successful appli. cant and was notified to be exam- ined. Each applicant was given the name of the Doctors together with instructions to make their own ap- pointments and were further in- structed to contact the Secretary of the Pension Board three or four days after they received their last examination to find out the result of the examinations. 2, 1962 To the Honorable and City Council Gentlemen: Re:-Frederick Nagel Applicant to Fire Department 110 Notice of claim of Lulu M. Dil- lard, in an un-named amount, for personal injuries received in a faU on an icy sidewalk on the corner of 17th & Central Avenue on March 8, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Charles A. Block, in the amount of $9.95, for car damages incurred as the result of striking a loose manhole cover at Lemon & Stoltz street on Janu- ary 19, 1962, presented and read. Mayor SchaUer moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded hy Councilman Schreiber. Carried by the follOwing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Notice of claim of Anna M. Cum- mer, in an un-named amount, for personal injuries received in a fall on an icy sidewalk at 2401 Windsor Avenue, on March 4, 1962, pre- sented and read. Mayor Schaller 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, Takos. Nays-None. Notice of claim of Mrs. Sammie G. Owens, in an un-named amount, for personal injuries received in a fall on an icy sidewalk at 59 Hill Street on March 29, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 113 2, 1962 Regular Session, April Councilman Takos moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a war- rant in the amount of $500. payable to Rosemary & Elwood Tuthill and transmit the same to the City Solic- itor. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Patrick D. McDermott, in the amount of $16.09, for car damage incurred as the result of striking a manhole cover in the alley between 8th & 9th between Main and Iowa on March 28, 1962, presented and read. Mayor Schaller 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 men Horgan, Takos. Nays-None. Notice of claim of Palmer J. Dillard, in an un-named amount, for personal injuries received in a fall on an icy sidewalk on the corner of 17th & Central Avenue on March 8, 1962, presented and read. Mayor Schaller 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 men Horgan, Takos. Nays-None. Schaller, Council Kean, Schreiber, ~ Notice of claim of Mrs. Bertha Feller, in an un-known amount, for personal injuries received in a fall on a defective sidewalk at 1523 Rhomberg Avenue on February 7, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiher. Carried by the follow. ing vote: Yeas-Mayor Schaller, Council Horgan, Kean, Schreiber, Schaller, Council Kean, Schreiber men" Takos. Nays-None. 1962 To the Honorable and City Council Gentlemen: The petition of Orlin Conlon and Merrill Vanderloo requesting vaca- tion of strip of property known as Lot 38 in Grandview Heights has been considered by the Planning and Zoning Commission. Attached thereto is a letter of protest by a Mrs. James A. Dockal and an opinion given the Commis- sion by the City Solicitor. We respectfully recommend that petition for vacation be denied. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y Councilman Takos moved that the recommendation of the Com~ mission be approved. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Honorable City Hall Gentlemen: On May 19, 1961, Rosemary Tnt- hill filed her claim against the City of Dubuque, Iowa, claiming damages by reason of a fall on May 8, 1961 at or near 1651 White St. as a result of stepping in a defective area between the side- walk and cur}\ at such point. I have made an investigation of this matter and have. conferred with the attorney for claimant, which claimant has suffered spec- ial damages in the amount of $742.00, and that said claimant has made an offer of settlement in the amount of $500.00. It is the recommendation of the City Attorney that said offer be accepted and that the City Aud- itor be instructed to draw a war. rant in the amount of $500.00 pay- able to Rosemary Tnthill and El- wood Tuthill, her husband, and to transmit the same to the City At- torney for delivery to claimant up- on receipt of a duly executed re. lease. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO March 30, Mayor 2, 1962 Regular Session, April serves Mr. Zoning Com. alley be va- Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y councilman Takos moved that the recommendation of the Com- mission be approved and the com- munication referred to the City Solicitor for proper proceedings. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Schaller, Council Kean, Schreiber March 27, 1962 Mayor and City Council 1962 Gentlemen: Petition of Harold Moldt Jr., 1809 Rhomberg requesting vaca- tion of a portion of Lewis Street has been considered by the Plan- ning & Zoning Commission. This street on the bed of the quarry serves no public purpose. The quarry blnff is about eighty foot high and the portion of Lewis Street on the higher level may be of some future use. The Planning & Zoning Commis- sion recommends vacation of that part of Lewis Street in the aban- doned quarry on the lower level. Respectfully submitted, Dubuque Planning & Zoning Commission By OwEN RILEY, Sec'y Councilman Schreiber moved that the recommendation of the Commission be approved and the communication be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Kean. Carried by the following vote: Schaller, Council- Kean, Schreiber, Mechanics Add. and parallel to Hempstead Street has been consid- ered by the Planning & Zoning Commission. This is a short alley and only property owned by Kueper. The Planning & mission recommends cated. March 23, Mayor To the Honorable and City Council Yeas-Mayor men Horgan, Takos. Nays-None. 112 , 115 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men, Horgan, Kean, Schreiber. Takas. Nays-None. Petition of Mrs. A. H. Eilers re- questing widening of the alley between Groveland and Lawther; Erection of a street sign on Bruns- wick Street; Surface the alley with permanent material; Clean up fire hazard on the side of the hill in the 29th street area; Erect street lights On the 29th street hili off Burden, presented and read. Coun- cilman Takas moved that the peti- tion be referred to the City Man- ager, Electrical Inspector, and En- gineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Petition of Curtis-Straub Co. reo questing permission to excavate in the streets and alleys of the City, presented and read, Councilman Takos moved the petition be grant- ed. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Robert Roussel re- questing city benefits as to sewer, water, etc. at 3425 Pennsylvania Avenue, agreeing to annex as ::;oon as possible, presented and read, Councilman Schreiber moved that the petition be referred to the City Manager and Councilman Takos. Seconded by Mayor Schal. ler. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 2, 1962 Regular Session, April Schaller, Council- Kean, Schreiber, ~ Mr. Robert Roussel addressed the Council relative to his petition. Petition of Hamblin Construc- tion Co. requesting permission to excavate in Cox Street to provide for two homes on lots 7 and 8 in Block 2 Hamblin SUbdivision, pre- sented and read. CITY OF DUBUQUE, IOWA. AND ESTABLISHING ~AME AS A PUBLIC STREET. WHEREAS, the City of DUbu,'J,ue needs the following described property ~ Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Hig-hland Farm In the City of Dubuque, Iowa, according to vlat dated March 21, 1962 pre- pared by Bartels, McMahan & I~eMay Engineering Co. for the purpose of extending Cartflr Road; and; WHEREAS, Nicholas J. Kopp and Esther F. Kopp have conve}'ed the hereinabove described real estate to the City of Dubuque, Iowa by Warranty Deed dated March 29, 1962 for street purposes. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section f. Conveyance by Nicho- las J. Kopp and Esther F. Kopp to the City of Dubuque, Iowa, by Warranty Deed dated March 29, 1962 of the following described real estate: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City of Dubuque, Iowa, according to plat dated March 21, 1962 prepared by Bartels, McMahan & LeMay Engineering Co. be and the same is hereby ac- cepted by the City of Dubuque. SectiOn 2. That said real estate described as follows: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City of Dubuque, Iowa, according to plat dated March 21, 1962 pre- pared by Bartels, McMahan & LeMay Engineering Co. be and the same is hereby estab- lished as a public street and same Is hereby dedicated to the public for street purposes, hereafter to be known and designated as Carter Road. Section 3. That the City Clerk be and he is hereby authorized and directed to record said Warranty Deed and plat of said property dated March 21. 1962 prepared by Bartels, McMahan & LeMay Engi_ neering Co and a certified copy of this Ordinance in the office of the County recorder, in and for Dubuque County, Iowa, Section 4. ThIs OrdInance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 2nd day of April, 1962. Rule requiring readIng on three separate days suspended by unanimous vote the 2nd day of April, 1962. Passed by recorded roll call vote, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT .T. HORGAN, Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph-Herald newspaper this 6th day of April 1962. LEO F. FROMMELT, City Clerk It 4-6 Regular Session, April 2, 1962 Yeas-Mayor men Horgan, Takos. Nays-None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Schaller, Council Kean, Schreiber Notice of claim of Ludwina G. Flick, in an un-named amount, for personal injuries received in a fall on an icy sidewalk at 1081 N. Booth Street on March 13, 1962, presented and read. Mayor Schaller 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: Schaller, Council- Kean, Schreiber, Yeas-Mayor men Horgan, Takos. Councilman Schreiber moved that a hearing be held on the Ordinance on May 7, 1962, at 7:30 o'clock P.M. in the Council Cham. ber at the City Hall and that the City Clerk he 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 Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. ORDINANCE NO. 18-62 An Ordinance Accepting the con- veyance of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City of Dubuque, Iowa, and establish- ing same as a public street, presented and read. Schaller, Council- Kean, Schreiber, 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. To the Honorable and City Council, Gentlemen: The petition of Margaret McMa. hon et ai, 36 Bluff Street request- ing rezoning of certain portion of block between Dodge and Jones Street and Bluff to Bissell Lane has been considered by the Plan- ning & Zoning Commission. The Commission believes this area if rezoned would develop into a good business area and recom- mends the area requested be re- zoned to Business Zone. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y Mayor Schaller moved that the recommendation of the Commis- sion be approved. Seconded hy Councilman Schreiber. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. 1962 March 30, Mayor Nays-None. Schaller, Council- Kean, 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. ORDINANCE NO. 17-62 An Ordinance Amending Ordin- ance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Duhuque by changing the Zoning Classification of City Lots 567, 588, 589, 590 from Multiple Family Residence District Classifi- cation to Business District Classifi- cation, presented and read. ORDINANCE NO. 18-62 AN ORDINANCE ACCEPTItJG THE CONVEYANCE OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 1 OF LOT20FLOTl OF HIGHLAND FARM IN THE 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: 114 Schaller, Council- Kean, Schreiber, ...... ~ ~ 117 Petition of Earl J. Maury re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 30, as he has discon- tinued business on March 31, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant payable to Earl J. Maury, in the amount of $25, to cover the amount due on the unexpired portion of cigarette li- cenSe No. 30. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. To the Honorable and City Council Petition of Marcella McCarty re- questing a refund of $50 on the unexpired portion of Class liB" beer license No. 98, as she has discontinued business on March 31, 1962, presented and read. Councilman Takas moved that the refund be granted and the Auditor instructed to issue a refund pay- able to Marcella McCarty, in the amount of $50, to cover the amount due on the unexpired porI tion of Class B beer license No. 98. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Gentlemen: On March 22, 1962, Mrs. Patricia Ann Donath, 400 Iowa Street, was charged with having liquor fOf beverage purposes of alcoholic COD- tent greater than 40/, by weight in violation of Section 26 of Ordi- nance 9-35. On March 26, 1962, Mrs. Patricia Ann Donath entered a plea of guil- ty in police court of the City of Dubuque and was fined $50.00 for violation of this ordinance. 1962 I therefore recommend that the Class "B" Beer Permit No. 107 issued in the name of Patricia Ann Donath be revoked. Respectfully submitted, Gilbert D. Chavenelle City Manager 26, March Mayor 2, 1962 Session, April permit No. 149. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Walter Sitterly re- questing' a refund of $25 on the unexpired portion of cigarette li- cense No. 23, as he has discontin- ued hwlness on March 31, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to Walter Sitterly, in the amount of $25, to cover the amount due on the unexpired portion of cigarette license No. 23. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Petition of Walter Sitterly re- questing a refund of $100 on the unexpired portion of Class B beer license No. 144, as he has discon- tinued business on March 31, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to Walter Sitterly, in the amount of $100, to cover the amount due on the unexpired portion of beer li- cense No. 144. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays---o-None. Petition of Lester Foell request- ing a refund of $50 on the unex- pired portion of Class B beer per- mit No. 71, as he has discontinued business on March 31, 1962, pre- sented and read. Councilman Takos moved that the refund he granted and the Auditor instructed to issue a warrant payable to Lester Foell. in the amount of $50, to cover the amount due on the unexpired portion of Class B beer permit No. 71. Seconded by Councilman Schreiber. Carried by the following vote: Yeao-Mayor Schaller. Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Regular Schaller, Council- Kean, Schreiber, Petition of Diamond's Grill re. questing a refund of $25.00 on the unexpired portion of cigarette Ii. cense No.2, as they have discon- tinued business on March 31, 1962, presented and read. Councilman Takas moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Diamond's Grill in the amount of $25.00 to cover the amount due on the unexpired portion of cigarette license No.2. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Arnold Gartner re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 165, as he has discon- tinued business on March 24, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Arnold Gartner in the amount of $25.00 to cover the amount due on the unexpired por- tion of cigarette license No. 165. Seconded by Councilman Schrei- bed. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schrieber, Takos. Nays-None. Petition of Mrs. Mildred H. Ryan requesting a refund in the amount of $100.00 on the unexpired por. tion of beer license No. 149, issued to Walter Ryan recently deceased, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant to Mrs. Mildred Ryan in the amount of $100.00 upon receipt of a release agreeing to hold the City free from any future claims, to cover the amount due on the unexpired portion of Class B beer Regular Session, April 2, 1962 93. Seconded by Councilman Schreiber. Carried by the follow. ing vote: Yeas-Mayor Horgan, men Takos. Nays-None. Schaller, Council Kean, Schreiber Petition of Frank Breitbach re- questing a refund of $50.00 on the unexpired portion of Class B Beer Permit No. 93, as he has discon- tinued business on March 31, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Frank Breitbach in the amount of $50.00 to cover the amount due on the unexpired portion of Class B Beer Permit No. Petition of My-Cap Vendors, Inc., Marcella McCarty account, request. ing a refund of $25.00 on the un- expired portion of cigarette li. cense No. 286, presented and read. Councilman Takas moved that the refund be granted and the Auditor instructed to issue a war- rant payable to My-Cap Vendors, Inc., in the amount of $25.00, to cover the amount due on the un- expired portion of cigarette license No. 286. Seconded by Councilman Sehreiber. Carried by the follow. ing vote: Yeas--Mayor men Horgan, Takos. Nays-None. Petition of E. Marshall Thomas, attorney, in behalf of Fay Thomas and Calista Ann Steger, request- ing rezoning of Lot 2 of 1 of West Gate; Lot 2 of 1 of prysi Farm; Lot 2 of 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of the Correction plat pf Prysi Farm and M. L. 166; Lot 1 of 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of the Correction Plat of prysi Farm and M. L. 166 to Local Business District "AU clas- sification, presented and read. Councilman Schreiber m 0 v e d that the petition be referred to the Planning and Zoning Commis- sion. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays--None. Councilman Kean moved that the petition be granted. Seconded hy Councilman Schreiber. Carried by the folowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 116 I I 119 Co., Inc. for 1075 Dodge Lime Rock Springs Francis J. Kelly, Street John F. Hall, 3050 Asbury Street My-Cap Vendors Inc. for Quick Clean Self Service Laundry, 1300 Iowa Street ~ BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: 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 SchaUer, Council. men Horgan, K e a n, Schreiber, Takas. Nays-None. RESOLUTION NO. 70-62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS Name Stuart F. De Avenue Frank J. FitzPatrick, 75 4th Street Holiday Inn Restaurant (Hubert B. Dukes, Mgr.), 1111 Dodge Street John F. Hall (Transfer from 2205 Carter Road), 3050 Asbury Street Mrs. Maryel M. Birkett, 1064 Uni. versity Avenue Mrs. Alma Henkel, 241 Main Street Florance Deutsch, 1298 Main Street Dorance E. Cox, 2613 University Avenue Philip Krepfle, 1399 Jackson Street Merlyn L. Weber, 1904 Central Avenue Mrs. Josephine A. Burke, Fischer Bldg..215 West 9th St. PERMIT Address 2412 Central East 2, 1962 Session, Apri BEER Moss, IIB" r Passed, adopted and approved this 2nd day of April, A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN LEO F. FROMMELT, City Clerk Regular Attest ACCEPTANCE OF RESOLUTION NO. 290-61 AND RESOLUTION NO. 68.62 I, the undersigned, J. Allen Wal- lis, Jr. and Marijane S. Wallis, having read the terms and condi- tions of Resolution No. 290-61 and Resolution No. 68-62, and being familiar with the contents there of hereby accept the same and agree to perform the conditions required therein. J. ALLEN WALLIS, Jr. MARIJANE S. WALLIS Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Council proceedings for the months of October, November, De- cember 1961 presented for a~ proval. Mayor Schaller moved that the council proceedings for the months of October, November, De- cember 1961 be approved as print- ed. Seconded by Councilman Takos. Carried by the follOwing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. RESOLUTION NO. 69-62 BE IT RESOLVED by the City Council of Dubuque that the fol. lowing, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to selI cigarettes and cigarette papers within said City. Name Address Louis J. Schaller and Heinz Fail- mezger, 351 Dodge Street Thos. H., Richard J. & Robt. E. Hantelmann, 902 Main Street Gordon Cunningham, Bunker Hil Golf Course '1__li II l ! 2, 1962 Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Regular Session, April Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nay 118 RESOLUTION NO. 68-62 WHEREAS, on the 18th of De- cember, 1961, the City Council of Dubuque, Iowa, passed, adopted and approved Resolution No. 290- 61, approving the Plat of Lot 1 of Lot 2 of Lot 1 of Lot of Lot 2 of Lot 1 of Faldorf's Place, suhject to certain conditions set forth in said Resolution; and WHEREAS, Section 4 of said Resolution provided that J. Allen Wallis Jr. and Marijane S. Wallis provide security as required in Section 2 of said Resolution within 60 days from the date of said Reso- lution; and WHEREAS, the said J. Allen Wallis Jr. and Marijane S. Wallis has posted the required security, but due to conditions beyond the control of the City, said security was not posted within the required 60 days from date of Resolution No. 290.61. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the security post- ed hy J. Allen Wallis, Jr. and Mari- jane S. Wallis to secure perform- ance of provisions of Section 2 of Resolution No. 290.61 be and the same is hereby approved, and the failure of J. Allen Wallis, Jr. and Marijane S. Wallis to post the re- quired security within 60 days of December 18, 1961, be and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 290-61 be and the same remain in force and effect as though the required security had been posted within the 60 day period as set out in said Resolution. Section 3. That the said J. Allen Wallis, Jr. and Marijane S. Wallis execute the acceptance hereto at- tached accepting the terms and prcr visions of Resolution No. 290-61 and the terms and provisions of Resolution No. 68.62. ~None. RESOLUTION NO. 66---62 WHEREAS, March 22, 1962 Pa- tricia Donath of 1550 Fairfax Ave- nue, Dubuque, Iowa, was charged with having liquor on premises in violation of Section 26 of Ordi- nance No. 9-35, which information was filed in the court of Alfred E. Hughes. Police Judge, City of Du- buque, Iowa, and that on March 26, 1962 the said Patricia Donath entered a plea of guilty to said charge and a fine of $50.00 was imposed by the court; and WHEREAS, Patricia Donath was the holder of Beer Permit No. 107 and conducted her business at 400 Iowa Street in the City of Du- buque under the trade name of lOW A TAP at the time of said violation; and WHEREAS, the City Manager of Dubuque, Iowa, has recommended to the City Council of Dubuque, Iowa, that the Class B Beer Per. mit No. 107 issued to Patricia Donath be revoked by reason of said violation. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 2. That the Chief of Po- lice of the City of Dubuque is ordered to pick up Class B Beer Permit No. 107 issued to Patricia Donath forthwith and return same to the City Manager's Office for cancellation. Passed, adopted and approved this 2nd day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Section 1. That the Class B Beer Permit No. 107 issued to Patricia Donath be and the same is hereby revoked. cilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas--Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Eugene L. Douglas objecting to the proposed resur- facing of Lowell Street, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Hank Prutch et al (53 signers) objecting to proposed curb & gutter and sUrfacing of Rockdale Road from Grandview to the south line of the City, pre. sented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Keah. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Mr. and Mrs. Ralph Wright Jr., objecting to the pro- posed surfacing of Caledonia street, presented and read. Council- man Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Mrs. Edith M. Wright objecting to the proposed surfac- ing of Caledonia street, presented and read. Councilman Schreiber moved that the petition be reo ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Eugene L. Douglas et al (30 signers) Objecting to the proposed surfacing of Lowell 121 1962 16, April Session, Special CITY COUNCIL OfFICIAL April 16, 7:30 P.M. Council met Presen~Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. City Manager, Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this meet- ing if called for the purpose of conducting a public hearing on pro. posed plans, specifications, form of contracts and costs of improve- ments for City of Dubuquue 1962 Grading PrOject NO.1; City of Du- buque i06~ Concrete Cutb & Gut. ter Project No.1; City of Dubuque 1902 BitutninoUs Concrete Surfac. illg Project NO.1; City of Dubuque 1903 Hot Mix.Hot Laid Asphalt surfacing Ptoject No.1, Section I and IT; City of Dubuque 1962 Con- crete Paving with Integral Curb Project No.1, and acting on any other business as may properly come before a regular tneeting of the City Council. Communication of Paul F. McMa- han as heing in favor of paving for Laurel Street, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Kean. Carried by the fOllowing vote: YeaS'-o-May'or Schaller, Council- man Horgan, K e a n, Schreiber, Takos. Nays-None. 1962. SpeCial Session, at n"" Fi.sclter Asbury BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the sa~ are hereby approved. Passed, adoptel! and approved this 2nd day of April, 1962, LOUIS SCIJAlp;~ Mayor JOHN P. SCHIU!:mM PETER J. TAKOS J AMJ;;S J. KEA!'I ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop.- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays-None. There being no further business Mayor Schaller moved to adiOljrn. Seconded by Cou"cil~ K.I!!l. Carried by the followi"g vote: Yeas-Mayor .Schaller, CoQ.l)eil- men Horg~n, K e a n, ,Schreib~r, Takos. Nays-None. LEO F. FROl\MMEJ.:r, City Clerk ~ Petition of Joseph D. Gribben et a1 12 signers) as being in favor of improving McClain Street and urging the lowering of the grade at the cotner of Wooten & McClain, ptesented and read. Councilman Schteiber moved that the petition be teceived and filed. Seconded by Councilmim Kean. Carried by the following vote: Yeas---Mayor Schaller, Council- men Itorgan, K e a n, Schreiber, Tilkos. Nays-None. Petition of Lorie Parker et al (4 signers) Objecting to the pro. posed surfacing of Catherine Street, presented and read. Coun. ......................l.9J/~. 2. Z890 Central Regular Session, April 2, 1962 Mrs. Josepl)ine A. Burke, Bldg., ~15 West 9th St. CLASS "C" BEER PERMIT Raymond H. Kratz, 1501 Rhomberg Avenue William J. White, 1993 Street Donald D. Schroeder, Avenue CitY'Ci;;fk' Approved Councilmen Attest 120 CLASS "C" BEER PERMIT Raymond H. Kratz, 1501 Rhomberg Avenue Wil).iam J. White, 1993 Asbury Street DonaW D. Schroeder, 2890 Cetltral Avenue Passed, adopted and approved this 2nd day of April, 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. Second- ed by Mayor Sehaller. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, J( e a n, Schreiber, Takos. Nays-None. RESOLUTION NO. 71-62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; 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. Adopted CLASS "B" BEER PERMIT Stuart F. DeMoss, 2412 Central Avenue Frank P. FitzPatrick, 75 East 4th Street Holiday Inn Restaurant (Hubert B. Dukes, Manager), 1111 Dodge Street John F. Hall (Transfer from 2205 Carter Road), 3050 Asbury Street Mrs. Maryel M. Birkett, 1064 Uni. versity Avenue Mrs. Alma Henkel, 241 Main Street Florance Deutsch, 1298 Main Street Dorance E. Cox, 2613 University Avenue Philip Krepfle, 1399 Jackson Street 1derlyn L. Weber, 1904 Central Av. enue ~ ~ 123 Passed, adopted and approved this 16th day of April, 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. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. (Necessity for Improvement) RESOLUTION NO. 45-62 WHEREAS, proposed plans, specifications, form of contract, plat have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk Showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement, stat~ iog the same for each different type of construction and kind of material to be used. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im~ provement. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the street Road Use Tax funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. 16, 1962 Session, Apri Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 72-62 WHEREAS, proposed plans and specifications and form of contract for the City of Dnbnque 1962 Grad- ing Project No.1, North Grand- view Avenue Extension from the north property line of Kane street to the south property line of 32nd street have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the pUrpOse of hear- ing all interested parties and con- sidering any and all Objections which have been filed to the pro- posed plans, specifications or con- tract for at cost of the improve~ ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun~ ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of DUbuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same here by overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Special r- 1962 man Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Wm. R. Martin et al (11 signers) objecting to the pro- posed surfacing of Nebraska street, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Alvin Anderson et al (8 signers) objecting to the pro- posed surfacing of Beverly street, presented and read. Councilman Schreiber moved that the peti~ tion be received and filed. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of Stampfer Bnilding Co. et al (22 signers) objecting to the proposed improvement of 4th Street with concrete paving pre- sented and read. Councilman Schreiber moved that the petition 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. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hearing upon proposed plans and specifications form of contract and cost of improvements for con- struction of City of Dubuque 1962 Grading Project No.1, presented and read. Councilman Schreiber moved that the proof of puhliea- tion be received and filed. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. 16, Special Session, April men Takas. Nays-None. Communication of James Woods and R. J. Lepsch stating that they are not desirous of selling property for the purpose of extending Lin- dale Street through to Carter Road, presented and read. Councilman Schreiber moved that the com- munication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Clem Aird et al (26 signers) objecting to the proposed surfacing of Mineral street, pre- sented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Robert H. schnltz et al (21 signers) objecting to the proposed surfacing of VanBuren street, presented and read. Council- Street from Harold to Abhott streets, presented and read. Coun- cilman Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of Vincent P. Jestice et al (10 signers) ohjecting to the proposed surfacing of McPoland Street, presented and read. Coun- cilman Schreiber moved that the petition be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Byron VanVleck et al (54 signers) Objecting to the proposed surfacing of Rush Street, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Schaller, Council Kean, Schreiber 122 I~ ~ I"'''' .:.:) Pased, adopted and approved this 16th day of April 1962. WUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber. Ta- koso Nays-None. Decision of Council upon obiec- fions to plans, specifications, fOflJ'l of contract and cost of im- provements. RESOLUTION NO. 75-62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Con- crete Curb & Gutter Project No. 1 have been approved hy the City Council of the City of Dubuque and public notice given as provided by Cbapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans. specifica- tions or contract for or cost of such improvements, said time be- ing tbis 16tb day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Cham- bers in the City Hall for the pur- pose of hearing all interested par- ties and considering any and all Objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and prqposed to be made; and WHEREAS, all interested par- ti,es have been given an opportun- ity to be )leard and all Objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- 16, 1962 Attest: SesSion, April Councilman Schreiber moved that Lil1dale Street from the west property Una of Carter Road west- erly to the existing curb alld gut- ter be deleted from the City of Dubuque 1962 Concrete Curb & Gutter projeet No.1. Seconded by Councilman Kean. Carried hy the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nay~None. Councilman Schreiber moved that part of Cottage Place from the east property line of Lot 77 Pleasant View Add. to east of end of street be deleted from the City of Dubuque 1962 Concrete Curb Il< Gutter project No.1, due to the rough terrain. Seconded by Coun~ cilman Kean. Carried by the fol- lowing vote: yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- )tos. Nays-None. Mr. Wm. Reelfs addressed the Council by stating that he is not against improving Davenport street with curb & gutter but was some- what concerned as to drainage from his property. The Engineer- ing Department assured him they would do all they can to improve his situation. .RliSOLUTION NO. 74-62 Resolution Amending Resolution No. 49.62 Be It Resolved by tbe City Coun. cil of the City of Dubuque, Iowa: Section 1. That Resolution No. 49-62 being the Resolution of Ne- cessity for the City of Duhuque 1962 Concrete Curb and Gutter Project No.1, be and the same is berehy amended by deleting the following portio.Ds of the following named streets therefrom: Cottage Place from E.P.L. of Lot 77 Pleasant View Add. to east end of street. (Stop at east property line of Lot 77) 2. Rockdale Road from the S.P .L. of Grandview Avenue to the south corporation line. Lincjale street from the west property lil1e of Carter Road westerly to the existing curb and gutter. Special 2. 1. 16, 1962 Passed, adopted and approved this 16th day of April, 1962. LOUIS SCIIALLER Mayor JoitN 1'. scHREtBER PEI'ER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEo F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Couneilman Takos. Carried h)' the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Til- koso NayS-Notte. Proof of Puhllcation, certified to by the Publisher, of Notiee of Pendency of Resolution of Neces- sity for public improvements and heating upon proposed plans and specifications, form of contract and east of improvements fot CITY OF tJtJBUQUE 1962 CONCRETE CURB & GUTI'ER PROJEcT NO.1, pre- sented and read. Councilman Schtelbet moved that the proof of publication he received and filed. Seconded by Councilman Ta. koso Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nayg.;..;.::..None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desite. Seconded by CounCilman Kean. Carried hy the following vote: YeliS'-Msyor Schaller, Council. men Horganj Keah, Schreiber, Ta- koso NayS'-None. Councilman Takas moved that Rockdale Road from the south property llne of Grandview Ave- nue to the south corporation line be deleted from the City of Du. buque 1962 Concrete Cutb & Gut. ter project No. 1. Seconded hy Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, council- men Horgan, Keatl, Schreiber. Ta- koso Nays-None. Attest: Session, April BE IT FURTltElt 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. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 calendar days after notice to proceed is issued. tlE IT FuRTHER RESOLVED that payment will be made to the contractor out of Street Road Use Tax Funds. BE 1'1' RESOLvED by the City CoUncil of the City of Dubuque that pursuant to a resolution of Iiecessity No. 45-62 which was duly passed hy this Couhcil, for the City of Dubuque 1962 Grading Project No. 1 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 Einall be constructed in ac- eotdance with the plans and speci- fiCations heretofore adopted and now on file in the office of the City Cletk. Councilman Schteiber moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. RECORD 01' FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 16th day of April 1962. toUIS sCHALLER Mayor JolIN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk (Ordering Construction) RESOLUTION NO. 73-62 Special 124 Attest: BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the (Ordering Construction) City Clerk objections to the amonnt RESOLUTION NO. 76-62 of the proposed assessments, they BE IT RESOLVED BY THE CITY shall be deemed to have waived COUNCIL OF THE CITY OF DU. all objections thereto. BUQUE that pursuant to a resaIn- Said improvements shall be con- tioD of necessity No. 49-62 which structed and done in accordance was duly passed by this Council, with the plans and specifications for the construction of City of Du- which have been prepared there- buq?e 1962 Concrete Curb & Gutter fore by the City Engineer which Project No. 1 have been approved by the City be and the same are hereby ord- Council and are now on file with ered and constructed by this Coun- the City Clerk. That the cost and cil upon its own motion and with expense of making said improve- or without the petition of property ment will be assessed upon and owners. All the work shall be con- against all privately owned prop- structed in accordance with the erty lying within assessable dis- plans and specifications heretofore tance provided by law and in an adopted and now on file in the amount not to exceed the amount office of the City Clerk. provided by law, property will be BE IT FURTHER RESOLVED assessed whether the same abuts that the cost and expense of the thereon or is adjacent thereto ac- said improvements be paid for by cording to area and in proportion levying special assessments against to the special benefits conferred the privately owned property lying thereby, and any deficiency shall within the assessable distance be paid out of the street fund. from the improvements, whether Bonds shall be issued and sold such property abut upon the same in anticipation of deferred pay- or are adjacent thereto, according ments of assessments when a COD- to the area thereof and in pro- tract has been performed and ac- portion to the special benefits con- cepted and the proceeds thereof ferred, and any deficiency will be used to pay the contractor. The paid out of the Street funds of railway portion of any street or the city. Payment will be made assessment district shall be as- to the contractor out of funds real. sessed to and paid by the railway ized from the sale of bonds. Street Improvement bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council. 127 Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays-None. company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. ~ BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 40 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Attest 1962 16, Session, April Special 1962 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Concrete Curb & Gntter Project No. 1 1. Davenport Street from West Property Line of National Street to existing rock curb 95 feet South of the South Property Line of Prim- rose Street. 3. Cottage Place from the East Property Line of Abbott Street to the East end of the street. 4. McClain S t r e e t from the South Property Line of Wooten to the North Property Line of Bonson Street. 5. North Grandview Avenue- West fork from the South Proper- ty Line of Kaufmann Avenue Sontherly 800 feet to the existing curb & gutter. 6. Shiras Avenue from the South Property Line of Lot 1 of Lot 2 of Cota Snb. to the City Limits. 7. Alpha Avenue from the South Property Line of Pennsylvania Avenue to the North Property Line of Illinois Avenue. 8. St. Joseph Street from the East Property Line of Collins Street to the West Property Line of Gondolfo Street. 9. Prysi Street from the South Property Line of University Ave- nue to the North Property Line of New Haven Street. 10. Cummins Street from the South Property Line of Loras Boulevard to the North Property Line of Block 2 of Hamblin's Sub. 11. Samuel Street from the South Property Line of St. George Sub. to the North Property Line of Southern Avenue. 12. Carter Road from the North Property Line of Kane Street to the South Property Line of Lot 1 of Lot 1 of Lot 2 of Lot 1 of High. land Farm Sub. 13. Northview Drive from the North Property Line of Kane Street to the North Property Line of Lot 1 of Lot 9 of Block 5 of Scenic View Heights. 16, Special Session, April fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. 2. Primrose Street from the South Property Line of Davenport Street to the North Property Line of Muscatine Street. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve. mento' Passed, adopted and approved this 16th day of April, 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 Kean. Carried by the following vote: Schaller, Council- Kean, Schreiber, Yeas-Mayor men Horgan, Takas. Nays---None. (Necessity for Improvement RESOLUTION NO. 49-62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: of each 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 126 improve- improved. 1. The assessment limits street to be improved. streets to be width of such The 3. The ment 2. II, ,I' !I: ! ;i' i 129 posed plans, specifications or con. tract for or cost of the improve. ment herein des c rib e d and proposed to be made; and WHEREAS, aU interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER 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 Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. {Necessity for Improvement: RESOLUTION NO. 53-62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of DUbuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 1962 16, Session, April 4. Lowell Street from the east prop- erty line of Harold Street to the west property line of Abbott Street. 5. Nebraska Avenue from the east property line of McPoland A ve- nue to the north property line of Van' Buren Street. 6. Rush street from the east prop- erty line of Bryant street to the west property line of Villa Street. 7. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter at the east property line of Lot 1 of 2 of 30 Highland Park Road. Passed, Adopted and Approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber. Takos. Nays-None. ~ 'I 'I I, i)111 ,I!!: 1'111 !illi !llil '1111 J''--C RESOLUTION NO. 78-62 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1962 Bi- tuminous Concrete Sur f a c i n g Project No.1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Cbapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 16th day of April, 1962; and WHEREAS, tbe City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- Sidering any and all objections which have been filed to the pro- Special 1962 sary. Mr. Wm. Cox of 2645 Nebras- ka stated there was no reason to pave Nebraska as same seems to be in good shape. Wm. Farnum, Don Oliver, Milton Powers, Mrs. Wm. Bastian and Earl Schumacher all addressed the Council objecting to the proposed surfacing of Rush Street. Councilman Takos moved that the following streets or portions of streets be deleted from the City of Dubuque 1962 Bituminous Con- crete Surfacing Project No.1; Balke Street from Lawther to Link Street; St. Joseph Street from Gandolfa to Algona Street; Cottage Place from E.P .L. of Lot 77 Pleas. ant View Addn. to east end of street; Lowell Street from E.P .L. of Harold Street to the W.P.L. of Abbott Street; Nebraska Avenue from the E.P.L. of McPoland Ave. nue to the N.P.L. of VanBuren Street; Rush Street from the E.P.L. of Bryant Street to the W.P.L. of Villa street; Lindale Street from the W.P.L. of Carter Road westerly to the existing curb and gutter at the E.P.L. of Lot 1 of 2 of 30 Highland Park Road. Seconded hy Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. RESOLUTION NO. 77-62 RESOLUTION AMENDING RESOLUTION NO. 53.62 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That Resolution No. 53+62, being the resolution of Necessity for CITY OF DUBUQUE 1962 BITUMINOUS CONCRETE SURFACING PROJECT NO.1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom. 1. Balke Street from Lawther Street to Link Street. 2. St. Joseph Street from Gandolfa Street to Algona Street. 3. Cottage Place from E.P.L. of Lot 77 Pleasant View Addn. to east end of street. (stop at E.P.L. of Lot 77) Schaller, Council Kean, Schreiber 16, Session, April Schaller, Council Kean, Schreiber Mr. Robert Schultz stated that he was not objecting to the pro- gram but felt as though the ser- vices should be put in first on Van Buren street. Mr. Vincent Jestice objected to paving of Mc- Poland as same is not graded prop- erly. Gene Douglas objected to the surfacing of Lowell Street and further stated that it is being used as a truck route. V. Vance of 2301 Hempstead stated that the City should complete the job of filling the chuckholes. M. Steve of 704 Lowell found objection to the posi- tion of the catch basin at Hemp- stead & Lowell and also that the corner at Hempstead and Lowell should be rounded out. Ralph Wright Jr. objected to the pro- posed surfacing of Caledonia and felt that the expense is not neces. and after its passage and adoption by the City Council. Passed, adopted and approved this 16tb day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk 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, Takos. 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 City of Dubuque 1962 Bituminous C 0 nc r e t e Surfacing project No.1, presented and read. Councilman Takas moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Special 128 Attest: Street to the north property of Bonson Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for, the public welfare to make the herein mentioned im- provement, and unless property (Ordering Construction) owners at the time of the final RESOLUTION NO. 79.62 consideration of this proposed reso. BE IT RESOLVED BY THE CITY lution have on file with the CIty COUNCIL OF THE CITY OF DU. Clerk objections to the amount of BUQUE that pursuant to a resolu- the proposed assessments, ~hey tion of necessity No. 53-62 which shall be deemed to have waIved was duly passed by this Council, all objections thereto. for the City of Dubuque 1962 Bi- Said improvements shall be con. tuminous Con c r e t e Surfacing structed and done in ac.c?rd~nce Project No.1 be and the same are with the plans and specIfIcations hereby ordered and constructed by which have been prepared there. this Council upon its own motion fore by the City Engineer which and with or without the petition have been approved by t~e C~ty of property owners. All the work Council and are now on fIle wIth shall be constructed in accordance the City Clerk. ,!hat t~e ~ost and with the plans and specificatio.ns expense of makmg saId Improve- heretofore adopted and now on fIle ment will be assessed upon and in the office of the City Clerk. against all privately owned prop. BE IT FURTHER RESOLVED erty lying within assessable dIS- that the cost and expense of the tance provided by law and in an said improvements be paid for by amount not to exceed the amount levying special assessments against provided by law, property will be the privately owned property lying assessed whether the same abuts within the assessable distance thereon or is adjacent thereto .ac. from the improvements, whether cording to area and in proportlOn such property abut upon the same to the special benefits conferred or are adjacent thereto, according thereby, and any deficiency shall to the area thereof and in pro- be paid out of the street fun~. portion to the special benefits con- Bonds shall be issued and sold m ferred, and any deficiency will be anticipation of deferred payments paid out of the street funds of of assessments when a contract has the city. Payment will be made to been performed and accepted and the contractor out of funds real- the proceeds thereof used to pay ized from the sale of bonds, or the contractor. The railway portion Street Improvement bonds to be of any street or assessment district issued in anticipation of deferred shall be assessed to and paid by payments of assessments as pro- the railway company. vided by law after the work has The above resolution was intro. been completed and accepted by duced, approved and ordered the City Council. placed on file with the City Clerk BE IT FURTHER RESOLVED this 19th day of March, 1962. that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 calendar days after notice to proceed is issued. 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. 131 Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. Horgan, Kean, Schreiber, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk 16, 1962 men Takos. Nays-None. 20. Cummins Street from the south property line of Loras Boulevard to the north property line of Block 2 of Hamblin Sub. 5. Irving Street from the south property line of Decorah Street to the north property line of Univer- sity Avenue. 21. St. Joseph Street from the east property line of Collins Street to the west property line of Gon. dolfo Street. 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. Special Session, April line the 13. McPoland Avenue from the north property line of Van Buren Street to the south property line of Pennsylvania Avenue. 14. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights. 15. Douglas Street from the east property line of Walsh Street to the west property line of College Street. 16. Cornell Street from the south property line of West 16th Street to the south property line of May Place. the 17th line 18. Prysi Street from the south property line of University Ave- nue to the north property line of New Haven Street. 19. Shelby Street from the north property line of Clarke Drive to the north end of the street. of 17. Catherine Street from south property line of West Street to the north property of West 16th Street. end west 16, 1962 the to Session, April Street street. Special 4. Each lot proposed to be as, sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1 1. Caledonia Street from the west property line of Hili Street to the south property line of West 8th Street. 2. West Fifth Street from the east property line of Hill Street to the west property line of Gil- more Street. 3. Alta Place from the nor t h property line of Delaware Street to the south property line of Green Street. 4. Adair Street from the north property line of Loras Boulevard to the south property line of Rose- dale Avenue. 130 22. Balke Street from the north property line of Lawther Street to the south property line of Groveland Place. 7. Davenport Street from the north property line of West 28th Street to the south property line of National Street. 23. Cannon Street from the west property line of Mt. Carmel Road to the east property line of Laurel Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 24. Laurel Street from the north property line of Grandview Avenue to the north end of the street. 25. Shiras A venue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 9. Sabula Street from the south property line of Davenport Street to the north property line of Mus- catine Street. 10. Van Buren Street from the west property line of University to the west property line of Drexel Avenue. 26. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 11. Brown Avenue from the west property line of University to the south property line of Van Buren Street. Attest from the of Wooten 27. McClain Street south property line from the Van Buren Street line of 12. Beverly south property ~ r '.;i 133 consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve~ ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will he assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. RECORD OF FINAL ADOPTION was pro- this ~ The foregoing resolution finally passed and adopted, as posed, by the City Council 16th day of April 1962. LOurS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT Attest Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. ,- 5. Northview from the north prop- erty line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. Section II 1. Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Ad- dition. 1962 16, Session, April to be as- valuation ment. 4. Each lot proposed sessed together with a fixed by the _~ouncil. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Hot Mix. Hot Laid Asphaltic Concrete Sur- facing Project No.1. Section 1 1. Kaufmann Avenue from the west property line of Lot 154 of L. H. Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. 2. Grandview Avenue - west fork from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Second Street from the west property line of Iowa Street to the east property line of Locust Street. 4. Carter Road from the north property line of Kane Street northerly to the south property line of Lot 1 of 1 of 2 of 1 of Highland Farm. Schaller, Council Kean, Schreiber, 2. Grandview Avenue - east fork from the south property line of Kaufmann Avenue to a point 480 feet south. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final Special The streets The 2. 3. 16, 1962 ering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are herehy adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor 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. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Session, A pri! 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 City of Dubuque 1962 Hot Mix-Hot Laid Asphalt Surfac. ing Project No.1, Sections I & II, presented and read. Councilman Schreiber m 0 v e d that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Schaller, Council- Kean, Schreiber, (Necessity for Improvement RESOLUTION NO. 57-62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits of each street to be improved. Special 132 RESOLUTION NO. 80-62 WHEREAS, proposed plans and specifications and form of contract for tbe City of Duhuque 1962 Hot Mix-Hot Laid Asphalt Concrete Pav- ing Project No. 1 Sections 1 & 11 have been approved by the City Council of the City of Dubuque and public notice given as pro. vided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time be. ing this 16th day of April, 1962; and WHEREAS, the City Council met in special session this 16th day of April, 1962, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consid- 135 to be as- valuation 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1962 Concrete Paving with Integral Curb Project No.1. 1. ~ Fourteenth Street and Loras Boulevard from the west prop- erty line of White street to the west property line of Locust St. Fourth Street from the west property line of White street to the east property line of Bluff street. 3. James Street from the sou t h property line of Third street to the north property line of Woot- en street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Road Use fund. Bonds shall be issued and sold in 4. Each lot proposed sessed together with a fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 1962 16, Session, April be 2. described made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de. scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. to Passed, adopted, and approved this 16th day of April, 1962. , Special proposed Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 61.62 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Attest: and 1962 JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Schaller, Council- Kean, Schreiber, 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 City of Dubuque 1962 Concrete Paving with Integral Curb Project No.1, presented and read. Councilman Takas moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Mr. Charles Scherrer owner of the Caufield Hotel addressed the Council by stating that in his opinion the street could be re- surfaced with asphalt at a consider- able lower cost. He also thought that 4th street being a highway the State could be asked for participa- tion of cost similar to Dodge Street. RESOLUTION NO. 82-62 WHEREAS, proposed plans and specifications and form of contract for the construction of City of Dubuque 1962 Concrete Paving with Intregal Curb, Project No. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Schaller, Council Kean, Schreiber Session, April (Ordering Construction) RESOLUTION NO. 81-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a resolu- tion of necessity No. 57-62 which was duly passed by this Council, for the construction of City of Du- buque 1962 Hot Mix.Hot Laid As. phalt Surfacing Project No.1, Section I and IT be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and nOw on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owner property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Street Funds of the city. Pay- ment will be made to the con- tractor out of funds realized from the sale of bonds. Street Improve- ment bonds to be issued in antici- pation of deferred payments of as- sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 30 days after notice to proceed is issued. 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 16th day of April, 1962. LOUIS SCHALLER Mayor Special 134 16, Attest: ~ II I' ,I I: 'I I, " i i' -- 137 It.4-20 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta koso Nays-None. Councilman Schreiber moved that the reading just had be sidercd the first reading of Ordinance. Seconded by COll Horgan. Carried by the vote con- the ncil- fol. man lowing Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kas. Nays--None. tion and publication as by law [provided. I Introduced thIs 16th day ot AprIl, 1962. Rule requiring reading on three eeparate days suspended by unanimous vote the 16th day of Aprll,1962. Passed by recorded roll call vote, adopted and approved this 16th day of April, 1962. 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 Tele- graph Herald newspaper this 20th day ot' April 1962. LEO F. FROMMELT City Clerk Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. ORDINANCE NO. 20-62 An Ordinance establishing the Voting Precinct for Certain An- nexed Territory to the City of Dubuque, Iowa, presented and read. ORDINANCE NO. 20-62 AN ORDINANCE ESTABLISH_ ING THE VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA: WHEREAS, the City Council ot' Dubuque, Iowa, upon the petition ot' Plaza No. 20 Inc. and George Jecklln and Addie Jecklin, an- nexed certain territory to the City ot' DUbuque, Iowa; and WHEREAS. a Voting Precinct should be provided t'or certain annexed terrltorv 1962 16, Session, April cilman Horgan. by following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. the Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta, koso Nays-None. ORDIN-ANCE NO. 19-62 An Ordinance Accepting the Conveyance of Lot .2 of Lot .2 ot Lot 1 of Lot 1 ot Lot 1 ot' Lot 2 ot Lot 1 of Lot 2 ot Lot 1 ot Highland Farm in the City of Dubuque, Iowa and Establishing the Same as a Public Street. WHEREAS, the CIty at Du- buque needs the fOllowing de- scribed property: Lot 2 of Lot 2 ot Lot 1 at Lot 1 at Lot 1 at Lot 2 at Lot 1 of Lot .2 ot Lot 1 ot' Highland Farm in the City ot Dubuque, Iowa. ,according to plat dated March 21, 1962 prepared by City Engineer, City of Dubuque, Iowa tor the purpose of extending Carter Road and; I WHEREAS CIetus M. Nauman ,and CarOlyn E. Nauman have con_ ;veYed the hereinafter described !real estate to the City of Dubuque. 'Iowa by Warranty Deed dated April 12, 1962 tor Street Purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF DUBUQUE. IOWA: Sectlon 1. Conveyance by Cletus M. Nauman and Carolyn E. Nau- man to the City ot Dubuque, Iowa, by Warranty Deed dated April 12, 1962 ot the fOllowing de- scribed real estate: . Lot 2 ot Lot 2 at' Lot 1 of Lot 1 of Lot 1 at Lot 2 at Lot 1 ot 'Lot 2 of Lot 1 ot' Highland Farm in the City ot Dubuque, Iowa, ac- cording to plat dated March 21, '1962 prepared by CIty EngIneer ot DUbuque, Iowa, be and the same Is hereby accepted by the City! of Dubuque, Iowa. Section 2. That said real estate described as follows: Lot 2 at Lot 2 of Lot 1 ot Lot 1 of Lot 1 of Lot 2 at Lot 1 of Lot 2 of Lot 1 of Highland Farm in the City ot Dubuque, Iowa, according to plat dated March 21, 1962, prepared by City EngIneer ot Dubuque, Iowa be and the same is hereby established as a public street and the same is hereby dedicated to the pubIIc tor street purpose, hereatter to be known and designated as Carter Road. Sectlon 3. That the City Clerk be and he is hereby authOrized and directed to record said Warranty Deed dated April 12, 1962, and plat of said property dated March 21, 1962 prepared by City Engineer ot Dubuque, Iowa, and a certified copy of this Ordinance in the of. fice ot the County Recorder In and for Dubuque County, IOwa. Section t. This Ordinance shall be in full force and et'tect from, !ond after I~ _final passage. !,!-d()p-" r Special Carried 1962 the special benefits conferred, and any deficiency will be paid out of the Road Use funds of the city. Payment will be made to the con. tractor out of funds realized from the sale of bonds or Street Im- provement bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed is issued. 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. Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Council recessed at 10:30 p.m. Council reconvened at 10:40 p.m. ORDINANCE NO. 19.62 An Ordinance accepting the Con- veyance of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of High. land Farm in the City of Du~ buque, Iowa and establishing the same as a public street, pre- sented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Coun~ Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk 16, Attest Session, April (Ordering Construction) RESOLUTION NO. 83.62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a resolu- tion of necessity No. 61-62 which was duly passed by this Council, for the construction of -City of Dubuque 1962 Concrete Paving with Integral Curb, Project No. 1 be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements. whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro. posed, by the City Council this 16th day of April 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Special 136 , ~_Ii!! Special Session, April 16, 1962 139 man Horgan. Carried lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. ~ Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. ORDINANCE NO. 23.62 AN ORDINANCE ESTABLISH~- ING THE VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA: WHEREAS, the City Council of Dubuque, Iowa, upon the petition of Clarence J. Arlen, Dolores M. Arlen, Louisa Brown, Raymond J. Lindecker and Eleanor Lindecker and Paul D. Johansen and Elfrida M. Johansen, annexed certain ter- ritory to the City of Dubuque, Iowa; and. WHEREAS, a. Voting Precinct should be provided for certain an- nexed territory. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said certain an- nexed territory be and the same Is hereby established as part of the 16th Voting Precinct of the City of Dubuque and said terri- tory is described as follows, to- wit: Beginning at the N. W. Cor- poration line 33.0 feet East and 1320.0 feet North of the S. W. corner of Section 15, Twp. 89 N. Range .2 East of the 5th P.M. thence west 1300.0 feet to the east right of way line of Bonson Road, thence south 6 degrees 15 mIn- utes west to the north line of the Asbury Road, thence south 59 degrees 15 minutes east along the north right of way line of Asbury Road to the east Une of Lot 3, John P. Mettels Sub. No.2, thence N. 24 degrees 55 minutes east 267.0 feet, thence east 378.0 feet, thence north 575.0 feet, thence west 223.72 feet, thence north 336.73 feet. thence west 176.78 feet, thence north 600.0 feet, thence east 468.6 feet, thence north 225 feet to the point of beginning, more particularly described as: Lot 1 of M.L. 451 and Lot 2 of 1 of 1 of M.L. 452, Lot 1 of 1 of 1 of M.L. 452 all in Section 16, Dubuque Twp.; Lot 2 of Lot 2 of Wlh of NEl,4, and Lot 1 of Lot 1 of NEl,4, of NE% in Section 21, Du- buque Twp; Lot 3 and the westerly three acres of Lot 1, John P. Mettels Sub. No.2; Lot 2 of Lot 2, John P. Met- tel's Sub. No.2; and Lot 4 of 3 of 1, HIghland Farm, Sec. 22, Twp. 89 N. R. 2 E. of the 5th P.M. fol the by Carried by Councilman Horgan. by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. ORDINANCE NO. 22.62 AN ORDINANCE ESTABLISH- ING THE VOTING PRECiNCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA: WHEREAS, the City Council of Dubuque, Iowa, upon the peti- tion of Seven~ Up Bottling Com~ pany of Dubuque and E. M. Tisch- hauser and Mabel E. Tischhaus_ er, annexed certain territory to the City of Dubuque, Iowa; and, WHEREAS, a Voting Precinct should be provided for certain an- nexed territory. NOW THEREFORE BE IT OR-" DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That said certain an- nexed territory be and the same Is hereby established as part of the 16th Voting Precinct of the City of Dubuque and said ter- ritory is described as follows, to- wit: Lot 1 of 1 of 2 of "Bonson Farm SubdIvision" in Section 27, Twp. 89 N. Range 2 East of 5th P.M. Lot 1 of Subdivision of C 0 r- rection Plat of Lot 2 of Lot 1, of Lot 2 of Bonson Farm Sub- division; and Lot 2 of Subdivision of Correc- tion Plat of Mineral Lot 248; each in Section 27, Twp. 89 N. Range 2' East of 50th P.M. Passed, adopted and approved thIs 16th day of April, 1962. 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 Tele_ graph Herald newspaper this 20th day of April, 1962. Leo F. Frommelt, CIty Clerk Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council~ men Horgan, Kean, Schreiber, Ta~ koso Nays-None. ORDINANCE NO. 23.62 An Ordinance Establishing the Voting Precinct for Certain An. nexed Territory to the City of DUbuque, Iowa, presented and read. 1962 It. 4-20 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. ORDINANCE NO. 22.62 An Ordinance EstabliShing the Voting Precinct for Certain An~ nexed Territory to the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso ORDINANCE NO. 21.62 AN ORDINANCE ESTABUSH- ING TH'fiJ VOTING PRECINCT FOR CERTAIN ANNEXED TERRITORY TO THE CITY OF DUBTTOUE, IOWA: WHEREAS, the City Councll of Dubuque. Iowa, upon the pe- tition oC Westchester, Inc. and Iowa District East of The Luth- eran Church-Missouri Synod, an- nexed certain territory to the City of Dubuque, Iowa; and, WHEREAS, a VoUng Precinct should be provided for certain an- nexed territory. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: SecUon 1. That said certain an- nexed territory be and the Bame is hereby established as part of the 16th VoUng Precinct of the City of Dubuque and said ter- ritory Is described as foIlows, to- wit: Lots 1, 2, 3, 4 and 6 of Block 5, Lots 1, 2 and 3 of Block 4, Block 3, Foothill Road and Key Way, aU In Westchester. Passed, adopted and approved thIs 16th day of April, 1962. Louis Schaller, Mayor John P. Schreiber Peter J. Takas James J. Kean Robert J. Horgan Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Tele- graph Herald newspaper this ZOt1: day of April, 1962. Leo F. Frommelt, City Clerk 16, Session, April ORDINANCE NO. 21-62 An Ordinance Establishing the Voting Precinct for Certain An. nexed Territory to the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta" koso NOW THEREFbRE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectiOn 1. That said certain an- nexed territory be and the same' Is hereby established as part of the 2nd VoUng Precinct of the City of Dubuque and said territory is described as follows... to-wit: Lots 1 and 2, Block ~ in "Plaza 20" In the City of Dubuque, Iowa. Lot 1 and Lot 2 of the Subdi- vision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, in the County of Dubuque, Iowa; Lot 2 of Lot 1 oC Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George JeckUn Farm In Dubuque County, Iowa, and partly in the City of Dubuque, Iowa. Passed. adopted and anproved this 16th day oC Anril, 1962. LOlliS SCHALLER, Mayor JOHN P. SCHREmER, PETER J. TAKOS, JAMES J. KEAN ROBERT J. HORGAN, Councilmen Attest: Leo F. Frommelt, City Clerk Published offlclally In the Tele- graph-Herald Newspaper this 20th day oC Anrll 1962. LEO F. FROMMELT City Clerk It 4-20 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Special Nays-None. 138 Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Nays-None. ,- Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- Nays-None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded ;;;v 141 Corps of Engineers Review Report for Flood Control at Urban Areas along the Mississippi River from Hampton, Illinois, to Cassville, Wisconsin. It is anticipated that this letter will be included in the report which will be submitted to the Congress for their considera. tion. Very truly yOUfS, Othie R. McMurry Director ~ 1962 April Walter K. Wilson, Jr. Lieutenant General, USA Chief of Engineers Department of the Army Washiugton 25, D.C. Dear General Wilson: The Iowa Natural Resources Council acting under the authority of Chapter 455A, Code of Iowa 1958, as amended, aud by designa- tion of the Govtrnor of Iowa, sub- mits the following comments for the State of Iowa on your report on Interim Review Report for Flood Control at Urban Areas along the Mississippi River from Hampton, illinois, to Cassville, Wisconsin, dated December I, 1960, and sub- mitted to the Council on January 22, 1962, in accordance with Sec- tion 1 of Public Law 534, 78th Con. gress, and Public Law 35-624. The following comments are based ou the knowledge of the Iowa Natural Resources Council, review of the subject report, a public hearing held on March 30, 1962, contacts with interested Fed. eral agencies, state departments, and local agencies, and investiga- tion of the affected areas. 1. The Iowa Natural Resources Council concurs in the view ex- pressed in the report that a serious flood problem exists on the Missis- sippi River at Dubuque, Iowa; 2. The Resources Council finds that the project recommended for construction at Dubuque, Iowa, is adequately designed and will pro- vide a desirable degree of flood protection for the City of Dubuque. 3. The Iowa State Department of Public Health has stated that at the City of DUbuque the proposed di- version of the Dodge Street storm sewer into Moore's mill slough will cause an industrial waste now discharging directly into the river to be discharged into the slough 16, 1962 Special Session, April 3, buque, Iowa, in and to Lot 16 "AU in Schaffner's Subdivision and Lot 6 "A" in Brewery Addition, both in the City of Dubuque, Iowa, be and the same is hereby approved. Section 2. .That the 14th day of May, 1962, at 7:30 o'clock P.M. in the City Council Chamber, in the City Hall, in the City of Dubuque, Iowa, be and the same is hereby fixed as the time and place of hearing upon the proposal to con- vey the real estate hereinabove de- scribed to Harold L. Moldt, Jr. Section 3. That the City Clerk be and he is hereby directed to publish notice of the time and place of hearing to consider the proposal to dispose of the here- inabove described real estate as is by law provided. Passed, adopted and approved this 16th day of April, 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 sub- ject to receipt of written offer of $100. Seconded by Councilman Ta- koso Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. Mayor Schaller left the Couucil Chamber at 11 P.M. Councilman Kean moved that Councilman Ta- kas be appointed Presiding officer Pro Tern for the remainder of the meeting. Seconded by Councilman Schreiber. Carried by the follow. ing vote: Yeas - Councilman Horgan, Kean, Schreiber. Councilman Ta- kos not voting. Absent-Mayor Schaller. Natural Resources Council April 2, 1962 The Honorable Louis Schaller, Mayor City of Dubuque Dear Mayor Schaller: Enclosed is a letter containing the comments of the Iowa Natural Resources Council on Behalf of the State of Iowa, concerning a , Iowa Section 1. That the portion ot Lewis Street hereinafter to be des~ Ignated and described as Lot 16 "An In Schaftner's SUbdivision and Lot 6 uA" in Brewery Addition, each In the City of DUbuque, Iowa, be a~d the same is hereby vacated. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute the plat of the hereinabove describ_ ed real estate, which plat has been prepared by Bartels, McMahan & LeMay Engineering Co. dated April 16, 1962, and the City Clerk be and he is hereby authorized and direct- ed to file said plat and a certltied copy of this Ordinance In the otfice of the County Recorder ill and tor Dubuque County, Iowa. Section S. This Ordinance shan be in fun force and effect from and after its final passage, adop- tion and publication as by law pro_ vided. Introduced the 16th day ot April, 1968. Rule requiring reading on three separate days suspended by unanl_ ~~~.s vote the 16th day ot AprIJ, Passed by recorded roll call vote, adopted and approved thIs 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attellt: LEO F. FROMMELT, City Clerk Published otficially In The Tele- graph-Herald newspaper thle 20th day ot April 1982. LEO F. FROMMELT. City Clerk !_~_._4/20 _ v Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 84-62 WHEREAS, Harold L. MOldt, Jr. has made a written offer to the City of Dubuque, Iowa, to purchase Lot 16 "A" in Schaffner's Subdi- vision and Lot 6 "An in Brewery Addition, both in the City of Du- buque, Iowa, for the sum of One Huudred ($100.00) Dollars, and in addition to pay the costs of pub- lication; and WHEREAS, the City of Du. buque, Iowa, proposes to sell said real estate to Harold L. Moldt, Jr. for the sum of $100.00 plus costs of publication and that no abstract of title will be furnished the said Harold L. Moldt, Jr. Now Therefore Be It Resolved by the City Couucil of the City of Dubuque, Iowa: Section 1. That the disposal of the interest of the City of Du. 16, 1962 Special Session, April Passed, adopted and approved this 16th day of April, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES :1. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Published officially In the Tele~ graph Herald newspaper this 20th day of AprlJ 1962. LEO F. FROMMELT City Clerk It. 4-20 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta, koso Nays-None. ORDINANCE NO. 24-62 An Ordinance Vacating Portion of Lewis Street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the fOllowing vote: Yeas--Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. ORDINANCE NO. 24-62 AN ORDINANCE VACATING PORTION OF LEWIS STREET WHEREAS, Harold L. Moldt. Jr. hae petitioned the City Council of Dubuque, Iowa, to vacate a por- tion of Lewis Street which shall hereinafter be described as Lot 16 "A" in Schaffner'l'l Subdivision and Lot 6 "A" In Brewery Addition, both In the City of Dubuque, Iowa.; and WHERlllAS, Dubuque Pla.nning and Zoning Commission has recom- mended to the City Council of Du- buque, Iowa, the vacation of that portion of Lewis Street hereinafter to be known and designated as hereinabove set forth, and WHEREAS, that the vacation of Lewllll Street requested to be vaca.t. ed Is not detrimental to the public and same should be vacated In the pUblic interest. ~OW THEREFORE BE IT OR~ DAINED BY THE crtY COUNCIL ?J'WLHE CITY OF DUaUQUE, 140 143 Schreiber. Carried by the fOllowing vote: Yeas-Presiding Officer Pro Tern Takas, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor SIDEWALK John W. Byrne, American Surety Co. of N.Y. Hillcrest Builders, Inc. ity & Guaranty Co. EXCAVATION Fandell & Sons, Inc., Policy No. ML 255024, U.S. Fidelity & Guar- anty Co. Respectfully submitted, Gilbert D. Chavenelle City Manager. To the Honorable and City Council, Gentlemen: The petition of Paul R. Banks, 515 Strauss Street requesting re- zoning of Lots 305 and 306 Davis Farm Addition to Local Business District "B" has been read by the Planning and Zoning Commission. This property is located at 30th & Central and the present classifi- cation was set some years ago after long deliberation. The Planning and Zoning Com- mission recommends denial of this petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber m 0 v e d that filing of the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor 1962 Schaller. 13, April Mayor ~ We request your concurrence in this decision. Respectfully, Gilhert D. Chavenelle City Manager Councilman Kean moved con- currence in the City Manager's decision. Seconded by Councilman , 1962 To the Honorable and City Council, Gentlemen: This is to advise that I have approved the following bonds and pOlicy and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor. Fidel U.S. Session, April The sites investigated were 1. Water Department property at Gay and Muscatine Streets. 2. The southeasterly corner of the Recreation Playground abutting Putnam Street. 3. The north easterly corner of the Recreation Playground abutting Putnam Street. Consoer, Townsend & Associates recommended the selection of the Water Department property be- cause construction of a tank at this site would be approximately $23,- 000 less expensive than either of the locations on the recreation property. If it is found necessary to install an ornamented tank on the Water Department site, as opposed to an unornamented tank proposed for the recreation area sites, the saving in cost of construction on the Water Department property would s till be the substantial amount of $13,000. Further, the proposal for the use of recreation land was brought before the Recreation Commission. On April 10th five commissioners viewed the sites. After study they went on record as being opposed to the location of a water tank on the Gay playground. Mr. Sut- ton's letter of April 13th stating the commission's position is at- tached. On October 24, 1938, a portion of Charles Street was vacated and conveyed to the City for Water Department purposes. By 1940 the City had accumulated and pur- chased all the property that con- stitutes the present site. This loca- tion was selected for water storage purposes because of its high ele- vation and it has held since the 1940 date for that purpose. It is intended to construct on the site an attractive water tank and pumping station, and after consi- dering all the factors involved, your staff has instructed the en- gineers to proceed with the design for this location. II" Schaller. 16, April Mayor 1962 16, Special Session, April 16, 1962 the communication be received and filed. Seconded by Councilman Kean. Carried by the fOllowing vote. Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Communication of Haight Davis & Haight Inc., Consulting Actu- aries, submitting the actuarial and financial analysis of the Police & Fire Retirement Systems as of December 31, 1961, presented and read. Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Communication of Home Build- ers Assn. of Dubuque stating that they have an active builder in their organization who has offered his services to serve on the Plan- ning & Zoning Commission, to fill the existing vacancy, presented and read. Councilman Schreiber moved that the communication be referred to the Council for con- sideration. Seconded by Presiding Officer Pro Tem Takos. Carried hy the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor To the Honorable and City Council Gentlemen: You have referred to your staff the petition of George and Agnes Theis and thirteen other property holders objecting to the erection of a water stand pipe on the prop- erty at the intersection of Gay and Muscatine Streets. In order to make a recommenda- tion in regard to the petition, the engineering firm, Consoer, Town- send & Associates, was commis- sioned to investigate, layout, cal- culate requirements, make pre- liminary estimates for three sites and recommend the most suitable site. Special and that the discharge of this ma- terial might cause a nuisance con- dition to develop in Moore's mill slough. It is recommended that during the preparation of final plans for the Dubuque project, that final plans be coordinated with the City of Dubuque so that this waste material can be discharged through Or over the flood control levee if such measures are found to be necessary Or advisable; 4. The State Conservation Com- mission has stated that it has no objection to the proposed project the project is that it will increase at Dubuque and in general favors flood protection to recreation facil- ities; 142 5. The State Highway Commis- sion has stated that it has no objec- tion to the proposed project at Du- buque. The Commission further states that any expenditures in- curred incident to the levee con- struction through the approach span of the Julien Dubuque high- way bridge should be assumed by the sponsors of the project at no cost to the primary highway fund. 1962 Schaller. 16, April Mayor In conclusion the Iowa Natural Resources Council concurs in your recommendations contained in the subject report and recommends the construction of the proposed flood protection works for Dubuque, Iowa, and submits the foregoing views on behalf of the State of Iowa and recommends that the re. port be favorably submitted to Con- gress for authorization. FOR THE lOW A NATURAL RESOURCES COUNCIL Very truly yours, Othie R. McMurry Director Councilman Schreiber m 0 v e d that the communication be made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Communication of S. Tabak com- plimenting the Council in approv- ing the preliminary program for redevelopment in urban renewal, presented and read. Presiding Of. ficer Pro Tern Takos moved that ~ !Ii _I ~ 145 the Auditor instructed to issue a warrant in the amount of $90.00, payable to Joan Broman, mother and natural guardian of Marilyn Broman, minor, and Joan Broman individually and deliver the same upon receipt of a duly executed re- lease. Seconded by Councilman Horgan. Carried by the fOllowing vote: Yeas-Presiding Officer Pro Tern Takas, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor 1962 HOD. Mayor & Gentlemen: On March 5, 1962, Merlin L. Doerr of 630 Lorimer St., Dubuque, Iowa, filed claim for damages to his vehicle as a result of striking a rock on a public street at the foot of Sullivan street on Febru- ary 30, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque, and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor 1962 Hon. Mayor & Gentlemen: On January 30, 1962, Carl H. Thomas, 446 Kaufmann Ave., Du- buque, Iowa. filed claim in the amount of $18.00 as a result of striking an alleged partially open- ed manhole cover in the 500 block on Kaufmann Avenue, which inci- dent allegedly occurred on J anu- ary 22, 1962. I have made an investigation of this matter and find no action. able negligence on the part of the City and therefore recommend denial of said claim. April 16, City Council April 16, City Council Schaller. Schaller. 1962 16, Session, April and read. Councilman Schreiber moved that the Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Horgan. Carried by the fOllowing vote: Yeas-Presiding Officer Pro Tern Takas, Councilmen Horgan, Rean, Schreiber. Nays-None. Absent-Mayor Schaller. Notice of Suit of Ann C. Duscher vs. City of Dubuque for $2500. and Park Board for $2500. for personal injuries received in a fall on a side- walk at Washington Park on J anu- ary 13, 1962, presented and read. Councilman Schreiber moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Council. man Horgan. Carried by the follow. ing vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. 1962 Schaller. April 16, Hon. Mayor & City Council Gentlemen: On February 13, 1962, Marilyn Broman, a minor child filed a claim against the City of Dubuque by and through her mother, Joan Broman, claiming damages as a result of a fall on a public walk, whereupon an accumulation of ice and snow was situated on the north east side of Fulton School, which alleged accident occurred on January 26, 1962. I have conferred with Mrs. Joan Broman who has made an offer of settlement in the amount of $90.00, and I recommend acceptance of said offer, and I recommend that the City Auditor be instructed to draw a warrant in the amount of $90.00 payahle to Joan Broman, mother and natural guardian of Marilyn Broman, minor, and Joan Broman individually and to deliver the same upon receipt of a duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber m 0 v e d that the recommendation of the City Attorney be approved and Special Nays-None. Ahsent-Mayor 1962 Takos, Councilmen Horgan, Schreiber. Nays-None. Ahsent-Mayor Schaller. April 13. 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Fay & Calista Steger requesting rezoning of cer- tain areas to Local Business Dis- trict "A" has been considered by the Planning and Zoning Commis- sion. This area is adjacent on the east to a very desirable residential area, to the west is a used auto parts business of considerable size, to the south the area is already zoned for business use along Dodge Street. The zoning to Local Business Dis- trict "A" would confine the uses and would be a buffer against the residential section. The Planning & Zoning Commis- sion recommends granting the peti tion. Secretary Councilman Schreiber m 0 v e d approval of the recommendation and that same be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Hor- gan. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Notice of claim of Mrs. Stella Banfield, in an unnamed amount, for personal injuries received in a fall on an icy sidewalk at 331 W. 4th Street on March 14, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Hor- gan. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Notice of suit of Dorothy C. Brown, in the amount of $15,000., for personal injuries received in a fall on a sidewalk at 36 Locust Street on May 24, 196, presented Kean, Respectfully suhmitted, Dubuque Planning & Zoning Commission By Owen Riley, 16, Session, April Officer Pro Tem 1962 To the Honorable and City Council, Gentlemen: The petition of Charles Davis regarding sale of city owned prop- erty on Kane Street has been con- sidered by the Planning & Zoning Commission. The Commission examined the area and find no public need for this property and does not object to the sale of same. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber m 0 v e d that the communication be referred to the City Solicitor for proper proceedings. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas-Presiding Councilman Schreiber m 0 v e d that the communication be referred to the City Solicitor for proper proceedings. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. To the Honorable and City Council, Gentlemen: The petition of Charlotte M. Mc. Inerney, 1915 Pierce Street regard- ing sale of property on Pierce Street has been considered by the Planning & Zoning Commission. The Commission examined the area and find no public need for this property and does not object to the sale of same. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber m 0 v e d that the recommendation of the Planning and Zoning Commission be approved. Seconded by Presid- ing Officer Pro Tern Takos. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. 13, 1962 13, ~" Special April Mayor April Mayor #/ 144 147 16, 1962 Session, April Special ~ Yeas - Presiding Officer Pro Tern Takas, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of National Tea Com- pany requesting vacation of Heeb street in the area abutting the Company's property at 20th & Cen- tral Avenue, presented and read. Presiding Officer Pro Tern Takas moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Schreiber. Carried by the follow. ing vote: Yeas - Presiding Officer Pro Tern Takas, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of Loras Beadle Plumb- ing & Heating Co. requesting per. mission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Presiding Officer Pro Tern Takos. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of Schlueter Insurance Agency requesting release of a sidewalk construction bond issued in behalf of J. J. Ward, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas - PreSiding Officer Pro Tern Takas, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of Walter A. Pregler requesting consideration in cor- recting the speeding problem on Shiras Avenue, presented and read. Presiding Officer Pro Tern moved that the petition be referred to the City Manager and Traffic De- partment for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. said manhole cover, said negli- gence is chargeable to Mr. James Yiannias, owner of the abutting property, which said manhole serves and any claim is assertable against said abutting property owner by the claimant herein. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the report of the City Attorney be approved. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of Peoples Natural Gas requesting permission to excavate in Cox (10 year) street, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Presiding Officer Pro Tem Takos. Carried by the follow. ing vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of Roshek's requesting permission to erect banners from their building across Locust Street and across 8th Avenue in connec- tion with their 68th anniversary sale, presented and read. Council- man Schreiber moved that the peti- tion be denied. Seconded by Pre- siding Officer Pro Tern Takas. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Petition of D. L. Kelleher et al (2903 signers) requesting that the following proposition be submitted at a general, municipal or special election "Shall the proposition to establish a Municipal Court in the City of Dubuque, Iowa, be adopt- ed?" presented and read. Presiding Officer Pro Tern moved that the petition be referred to the City Solicitor for investigation and prop- er proceedings. Seconded by Coun- cilman Schreiher. Carried by the following vote: , _i 16, 1962 Session, April Special 146 returned here- Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote. Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. N ays-N one. Ahsent-Mayor Schaller. Hon. Mayor Gentlemen: On February 16, 1962, C1etus P. Close of 357% Kaufmann Ave., Dubuque, Iowa, filed claim for $20.00 for damages against the City of Dubuque, allegedly suffer. ed to his car by reason of striking an alleged defect in the street at 305 Kaufmann Avenue on Febru- ary 12, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Hon. Mayor & Gentlemen: On March 29, 1962, Mr. Patrick Donald McDermott, 20 West 18th St., Dubuque, Iowa, filed claim for damages against the City of Du- buque in the amount of $16.09 for damages allegedly suffered to his vehicle in the alley between 8th and 9th St., between Main and Iowa Sts., as a result of striking a man- hole cover on March 28, 1962. I have made an investigation of this matter and find that if any negligence exists with respects to 1962 1962 returned here- Schaller. April 16, City Council April 16. City Council is is Original claim with. & returned here- Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second. ed by Councilman Horgan. Carried by the following vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Hon. Mayor Gentlemen: On March 19, 1962, Richard V onk of 501 First Ave., East, Newton, Iowa, filed claim against the City of Dubuque, claiming damages to his vehicle as a result of alleged defective street near manhole cov- er on Pierce St. at Quigley Lane in the City of Dubuque, which ac- cident allegedly occurred on March 18, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. 1962 1962 Hon. ,Mayor Gentlemen: On March 26, 1962, Charles A. Block, Route #2, Middle Road, Du. buque, Iowa, filed claim of dam- ages to his vehicle against the City of Dubuque allegedly suffered as a result of striking a manhole cover at Lemon & Stoltz Sts. on January 19, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is returned here- with. & is April 16, City Council April 16, City Council Original claim with. & I ,,' ',I :'11 I ~ 149 ACCEPTANCE OF RESOLUTION NO. 8S-62 NICHOLAS J. KOPP and EST. HER F. KOPP, being familiar with the terms and conditions of the foregoing RESOLUTION NO. 85-62, hereby accept the same and agree to perform the conditions required of them therein. Dated at Dubuque, Iowa, this 3rd day of May, A.D., 1962. NICHOLAS J. KOPP ESTHER F. KOPP Councilman Schreiber moved the adoption of the resolution. Second- ed by Presiding Officer Pro Tem Takos. Carried by the fOllowing vote: Yeas - Presiding Officer Pro Tern Takas, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. RESOLUTION NO. 86-62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the fOllowing applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address Herhert F. Bisping, 1401 Elm Street Carl N. Brant, 2600 Central Avenue Richard D. Lonergan, 500 Rhom- berg Avenue William J. Baum, 521 Street Dubuque Baseball, Street Inc. CLASS "C" BEER PERMIT Earl J. McNamara, 1046 University Avenue William J. Lynn, 424 West Street Passed, adopted and approved this 16th day of April, 1962. PETER J. TAKOS Presiding Officer Pro Tem JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest LEO F. FROMMELT, City Clerk 22nd 4th Locust East East Session, April 16, 1962 a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer and water main for a period of four (4) years from the date, of their acceptance; (i) That NICHOLAS J. KOPP and ESTHER F. KOPP, as owners of said Subdivision, secure the performance of the foregoing terms and conditions by provid- ing security in an amount not less than ten (10%) per cent of the costs of said pavement, curb and sidewalk, with such sureties as may be acceptable to the City Manager, and said security shall be for a period of not less than four (4) years from the date of acceptance of said improvementS by the City Councilj (j) That upon completion of the pavement and curb, and the ac- ceptance of the same by the City Council, said pavement and curb shall become public pave- ment and curb under the exclu- sive charge and control of the City of Dubuque and its free use as such shall not be inter- fered with by the grantees or their successors, or assignsj (k) To construct said improve- ments on or before April 1, 1963. (1) To construct sidewalks on or hefore April 1, 1964. Section 3. That the authority granted herein shall terminate on May 15, 1962, unless the terms and conditions are accepted in writing by the grantees prior to that date. PASSED, ADOPTED and AP. PROVED by unanimous recorded roll call this 16th day of April, A.D., 1962. PETER J. TAKOS Presiding Officer Pro Tern JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 85-62 has been provided by the owners. Dated at Dubuque, Iowa, this 15th day of May, A.D., 1962. Gilbert D. Chavenelle, City Manager ,- Special 16, 1962 to the statutes and ordinances re- lating thereto, and that the grades have not been established or the street graded, or the surfacing, sewer and water mains installed; AND WHEREAS, KANE STREET, as the same appears upon said plat, is being dedicated to the publiC forever; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of KANE STREET, together with easements as the same appear for public utilities upon said plat, be and the same is hereby accepted; Section 2. That the plat of the Subdivision of Block 3 and Block 4 in "Carter Ridge Addition" in the City of Dubuque, Iowa, be and the same is hereby approved, and tbe Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, pro- vided the owners of said property. hereinafter named, execute their written acceptance hereto attached, agreeing: (a) To reduce KANE STREET to grade as shown by the profile suhmitted with the plat; (b) To surface KANE STREET as the same appears on said plat for a width of thirty (30) feet from curb to curb with six-and. one-quarter (61/4) inch thick con- crete pavement with integral curb, all in accordance with the City of Dubuque standard spec- ifications for concrete streets; (c) To install water mains in ac- cordance with the plans sub- mitted with said plat; (d) To install sanitary sewers in accordance with the plans sub- mitted with said plat; (e) To install sanitary sewer and water house laterals for each lot from the main to the street property line; (f) To construct sidewalks; (g) To construct the foregoing im- provements in accordance with the plans and specifications ap- proved by the City Manager under the inspection of the City Engineer and in the man~ ner approved by the City Man. ager; (h) To maintain said street, curb and sidewalk improvements for Special Session, April RESOLUTION NO, 85-62 RESOLUTION APPROVING THE PLAT OF THE SUBDIVISION OF BLOCK 3 AND BLOCK 4 IN "CARTER RIDGE ADDITION" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Block 3 and Block 4 in "Carter Ridge Addition" in the City of Dubuque, Iowa, by NICHOLAS J. KOPP and ESTHER F. KOPP; and, WHEREAS, upon said plat ap. pear easements which the owners upon said plat have dedicated to the publiC forever; and, WHEREAS, said plat has been examined by the City Council and they find that the same conforms Communication of attorney Rob- ert M. Bertsch submitting a reso~ lution for the approval of Blocks 3 & 4 in Carter Ridge Addn. reo questing adoption of same, pre- sented and read. Presiding Officer Pro Tern Takas moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas _ Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. April 13, 1962 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your con- sideration is subdivision plat of Blocks 3 & 4 Carter Ridge Addi- tion. This subdivision is located at Carter and Kane and is the sec- ond section of Carter Ridge. This plat has heen approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secy. Councilman Schreiber moved that the communication be receiv- ed and filed. Seconded by presid. ing Officer Pro Tem Takos. Car- ried by the fOllowing vote: Yeas-Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. 148 ~ PROCLAMATION WHEREAS, Citizens of Dubuque have been hurt, maimed or killed in auto accidents, and WHEREAS, it is known that con- certed citizen action can reduce this needless loss of life, and WHEREAS, The American Vet. erans of World War IT, in National Convention in 1961, did adopt a Resolution calling for effective highway safety, and since conven- tion, all levels of their organization have carried forward a continuing program toward the following ob- jectives: 1. To encourage all states to adopt and maintain a statewide motor vehicle inspection code conforming with recommended national uniform standards. 2. To encourage all states to con- sider the necessity of main- taining m i n i mUm physical standards for drivers through periodic physical examinations, and 3. To encourage greater public acceptance and utilization of automobile safety belts as a life saving device, and WHEREAS, the National Com- mander of the AMVETS, Edwin P. Fifielski, did, during the week of March 26th, bring to the attention of DUbuque citizens and officials, their safety campaign and its ob- jectives. Therefore, the City Coun- cil of the City of DUbuque, Iowa, On this 7th day of May, does pro. claim its whole-hearted support of the safety objectives sought by the American Veterans of World War IT Organization. Presiding Officer Pro Tern JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen 151 Session, May 7, 1962 COUNCIL OFFICIAL Regular Session, May 7, 1962. Council met at 7:30 p.m. Present - Councilmen Horgan, Kean, Schreiber, Takos. City Man- ager Gilbert D. Chavenelle. Absent-Mayor Schaller. Councilman Takos moved that Councilman Schreiber be appointed Presiding Officer Pro Tern during the absence of Mayor Schaller. Se- conded by Councilman Rean. Car- ried by the following vote: Yeas-Councilmen Horgan Takos. Nays-None. Kean, Councilman Schreiber not voting. Presiding 0 f f ice r Pro Tern Schreiber read the call and stated that this is the regular monthly meeting of the City Council for tht purpose of acting upon such business as may properly come before the council. A proclamation on Armed Forces Day proclaiming Thursday May 17, 1962 as Armed Forces Day in the community and requesting the sup- port of all citizens, presented and read. Councilman Takos moved that the proclamation be received and filed. Seconded by Presiding Of. ficer Pro Tern Schreiber. Carried by the following vote: Yeas-Presiding Officer Pro Tern Schreiber, Councilmen H 0 r g a n, Kean, Takos. Naytr-None. Absent-Mayor Schaller. A proclamation of National Po- lice Week prOClaiming the week of May 13th through May 19th, 1962 as National Police Week recog- nizing the responsibility of the law enforcement officers and pay- ing tribute to the men and women in our police service, presented and read. Councilman Takos moved that the proclamation be received and filed. Seconded by Presiding Officer Pro Tern Schreiber. Car- ried by the following vote: Yeas-Presiding Officer Pro Tern Schreiber, Councilmen H 0 r g a n, Kean, Takos. Nays-None. Absent-Mayor Schaller. Regular CITY 16, 1962 Schreiber. Carried by the fallowing vote: Yeas - Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. Presiding Officer Pro Tern Takos moved that N. J. Greteman be reap- pointed to the Police & Fire Re- tirement Board for a four year term from 4-1.62 to 4-1.66. Second- ed by Councilman Horgan. Carried by the following vote: Yeas - Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Abstnt-Mayor SchaUer. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas _ Presiding Officer Pro Tem Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. LEO F. FROMMELT, City Clerk Councilman Takos moved that the proclamation be received and made a matter of record. Seconded by Presiding Officer Pro Tern Schreiber. Carried by the fOllowing vote: Yeas-Presiding Officer Pro Tern Schreiber, Councilmen H 0 r g a n, Kean, Takos. Nays-None. Absent-Mayor Schaller. Communication of Arne r i can Surety Company of New York re- vOking Power of Attorney for M. :J j " , ..............1962. ............1962. City Clerk Session, April Approved Councilmen Attest: Adopted 22nd 4th CLASS "C "BEER PERMIT Earl J. McNamara, 1046 University Avenue William J. Lynn, Street BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same are hereby approved. Passed, adopted and approved this 16th day of April, 1962. PETER J. TAKOS Presiding Officer Pro Tem JOHN P. SCHREIBER JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Presiding Officer Pro Tern Takos moved the adoption of the reso- lution. Seconded by Councilman Locust Presiding Officer Pro Tem Takos moved the adoption of the resolu- tion. Seconded by Councilman Schreiber. Carried by the following vote: Yeas - Presiding Officer Pro Tern Takos, Councilmen Horgan, Kean, Schreiber. Nays-None. Absent-Mayor Schaller. RESOLUTION NO. 87-62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; 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. CLASS "B" BEER PERMIT Name Address Herbert F. Bisping, 1401 Elm Street Carl N. Brant, 2600 Central Avenue Richard D. Lonergan, 500 Rhom- berg Avenue William J. Baum, 521 Street Dubuque Street Special 150 East East West lnc. 424 Baseball "". . I