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1962 July Council Proceedings ~ 231 read. Councilman Kean moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the fallowing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of John C. Sanner et al requesting a survey to determine the cost of constructing a sanitary sewer on the north side of Edith Street, presented and read. Coun- cilman Schreiber moved that the Petition be referred to the City Manager and Engineering Depart. ment for investigation and report. Seconded by Councilman KeaD. Car- ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of Stuart DeMoss reo questing a refund of $150. on the unexpired portion of Class B beer permit No. 34, as he has discontin. ued business on June 30, 1962, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $150., payable to Stuart DeMoss to cover the amount due on the unexpired portion of beer permit No. 34. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petiton of Fay Miller requesting a refund of $50. on the unexpired portion of Class B beer permit No. 147, as he has discontinued busi. ness on June 30, 1962, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant payable to Fay Miller, in the amount of $50., to cover the amount due on the unexpired par. tion of Class B permit No. 147. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of Marion M. Fox of the American Legian, requesting per. mission to sell helium filled bal- ~ Regular Session, July 2, 1962 COUNCIL OFFICIAL Regular Session July 2, 1962. Council met at 7:30 P.M. Day- light Saving Time. Present-Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber. Takas. City Manager Gilbert D Chavenelle. Mayor Schaller read the call and stated that this is the regular monthly meeting of the City Coun. cil for the purpose of acting upon such business as may properly come before the meeting. Petition of Hillcrest Builders Inc. requesting the installation of street lights on Vizaleea and Key- mont Drives in Key Knolls Sub. division, presented and read. Coun- cilman Takas moved that the peti- tion be referred to the City Mana- ger and Electrical Inspector for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of Holy Trinity Lutheran Church requesting permission to excavate in Delhi Street (10 yr.) for connecting larger water ser- vice the Lincoln Building present- man Schreiber moved that the peti- tion be granted. Seconded by Coun- cilman Takas. Carried by the fol. lowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council- Kean, Schreiber, Petition of Peoples Natural Gas requesting permission to excavate in the alley between Locust and Main and 8th & 9th Street to ser- vice the Lincoln Building present- ed and read. Councilman Kean moved that the Petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Audubon Street, presented and CITY ..~, I""~ 233 Justin McCarty put in a plea for the retired citizens on Dodge Street that they would not be able to meet the assessment. Vera Mc- Allister made inquiry as to why should anyone pay any assess- ment. Wm. R. Haber of 1675 Dodge Street stated that highway No. 20 runs clean across the State. He does not know of anywhere else that property owners are assessed for either maintenance or resurfac- ing. Mr. Earl Bock questioned the fairness of assessing east of Grand. view Avenue. Mr. Ja5. McAllister of 821 Dodge made mention of the fact that street car ties are still buried in the street and asked about their removal. R. F. Sefzik of Clark Street never heard of per- sonal assessments on highway con- struction. Decision of Council Upon objec. tions to plans, specification, form of contract and cost of improve. ments. I RESOLUTION NO. 140-62 WHEREAS, proposed plans and specifications and form of con. tract for the City of DUbuque 1962 Hot Mix.Hot Laid Asphaltic Con- crete Resurfacing Project No. 2 DOdge Street from 64 feet East of the East Property Line of Grand- view A venue to the East Property Line of Bluff Street have been ap. proved 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 contrad 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 2nd day of July, 1962; and Petition of Clarence Gilligan et al objecting to assessments for Dodge Street from Grandview to Bluff Street because It is part of Highway No. 20 and maintenance of same should be done by the Highway Department, and for vari- ous other reasons, presented and read. Councilman Schreiber moved that the petition be received and filed. Seconded by Mayor Schaller. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council. Horgan, Kean, Schreiber, WHEREAS, the City Council met in regular session this 2nd day of JUly, 1962, at 7:30 o'clock P.M., Daylight Saving Time at the Coun- cil Chambers in the City Hail for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, ail interested parties have been given an opportunity to be heard and ail objections men Takas. Nays-None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Mr. Adolph Raska addressed the Council by Objecting to the assess- ment because Dodge street is an arterial highway and thought that 50% of the cost to be borne by the property owners on the street is too high. He thought 25% would be considered more fair. Regular Session, July 2, 1962 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 resolullon of Necessity for public improvements and hear. ing upon proposed plans and speci- fications, form of contract, and cost of improvement for the con- struction of City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Con. crete Resurfacing Project No.2, Dodge Street from Grandview Ave- nue to Bluff Street, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Mayor SchaIler. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Regular Session, July 2, 1962 Deed on behalf of the City convey- ing the said portion of said alley to Farley & Loetscher Manufactur- ing Company. Passed, adopted and approved this 2nd day of July, 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHRElliER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays--None. Petition of Farley & Loetscher Mfg. Co. requesting that the City vacate its interest in an alley lo.- cated between in-lots 354 to 358 and 369 to 373, both ends of said alley at Seventh and Eighth streets have been closed to the public for approximately 40 or 50 years, pre- sented and read. Councilman Takas moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Petition of Allen's Trenching Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays--None. Petition of Mrs. Clyde H. Clauer, requesting permission to connect to the Garnet Street Sanitary Sew- er, presented and read. Council- man Takos moved that the petition be referred to the City Manager. Seconded by Councilman Schrei- ber. Carried by the following vote: RESOLUTION NO. 139-62 WHEREAS, City of Dubuque, Iowa, passed, adopted and approv. ed an Ordinance on December 21, 1917 vacating the alley abutting In-Lots 364 to 368 in the City of Dubuque, Iowa; and WHEREAS, it appearing to the City Council that no deed of con- veyance was executed by the City with respects thereto; and WHEREAS, Farley & Loetscher Manufacturing Company has peti- tioned the City Council of Du- buque, Iowa, to execute a Quit Claim Deed to the East 'h of said alley to the said Farley & Loets- cher Manufacturing Company. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNClL OF DUBUQUE, lOWA: Section 1. That conveyance of the East 'h of the alley between White Street and Jackson Street from Sixth (6th) Street to Seventh (7th) Street to Farley & Loetscher Manufacturing Company be and the same is hereby approved and the Mayor and City Clerk he and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and empowered to execute a Quit Claim Schaller, Council- Kean, Schreiber, 232 loons along the parade route on Saturday July 7, 1962, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of Farley & Loetscher Mfg. Co. requesting execution of a Quit Claim Deed to the East half of the alley between White Street and Jackson Street and 6th and 7th streets to designate conveyance of interest by the City as set out in an ordinance approved by the City Council on December 21, 1917, presented and read. Council- man Takos moved that the petition be granted. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas--Mayor men Horgan, Takas. Nays-None. lrn If 235 ~ 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 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 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 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk 1962 Regular Session, July 2, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, 85 pro- posed, by the City Council this 2nd day of July, 1962. LOUIS 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. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takas. 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. Proof of Publication, certified to by the Publisher, of Notice of Pen. dency of Resolution of Necessity for Public improvements and hear- ing upon proposed plans, and spec- ifications, form of contract and cost of improvements for the con- strudion of a thirty-six inch (36") and twenty-four inch (24") storm sewer in Avalon Road, Hillcrest Road and Deborah Drive begin- ning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of Lot A of Hillcrest Park, thence westerly to Avalon Road, thence north in A va- Ion Road to Hillcrest Road, thence west on Hillcrest Road to Lot 8 Block 1 of Hillcrest Heights thence northerly to Lot 6 Block 1 of Hill- crest Park, thence west to Deborah Drive thence northerly in Deborah Drive to Carter Road, presented and read. Councilman Takos moved Nays-None. (Ordering Construction) RESOLUTION NO. 141-62 BE IT RESOLVED BY THE CITY COUNClL OF THE CITY OF DU. BUQUE that pursuant to a resolu- tion of necessity No. 110-62 which was duly passed by this Council, for the construction of City of Du- buque 1962 Hot Mix-Hot Laid Ail- phallic Concrete Resurfacing Pro- iect No. 2 Dodge Street from 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff Street he and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con~ structed in accordance with the plan~ and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvements be paid for by levy- ing 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 the special benefits conferred, and any deficiency will be paid out of the Street funds of the city. Payment will be made to the contractor out of funds realized from the sale of bonds. Street 1m- provement Bonds to be issued in Schaller, Council Kean, Schreibei.- iii' rr'- II' 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 street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and teh proceeds thereof used to pay the contractof. The railway portion of any street Of assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of June, 1962. material CITY OF DUBUQUE 1962 HOT MIX-HOT LAID ASPHALTIC CON- CRETE RESURFACING PROJECT NO. 2 Dodge Street from 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff Street 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 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. Passed, adopted and approved this 2nd day of July, 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 SchaUer. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. WHEREAS, proposed plans, spec- ifications, form of contractj 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. 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 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the July 2, 1962 and kind of to be as- valuation (Necessity for Improvement) RESOLUTION NO. 110-62 ~ construction to be used. Session, which have been duly W,eighed 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, spec~ ifications, 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. 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. Regular 234 ~ 237 Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber. Takas. Nays-None. . (Awarding Contract) RESOLUTION NO. 143-62 WHEREAS, sealed proposals have heen submitted by contractors for the Deborah Drive Storm Sew- er pursuant to Resolution No. 142- 62 and notice to bidders published in a newspaper published in said City on June 8, 1962 and June 15, 1962; and WHEREAS, said sealed proposals were opened and read on June 2, 1962, and it has been determined that the bid of Merl Goerdt Exca- vating of Dyersville, Iowa in the amount of $29,278.97 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mer! Goerdt Excavating and the Manager be and he is hereby directed to execute on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of June, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIDER 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 Councilman Kean. Carried by the following vote: 1962 Regular Session, July 2, 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 2nd day of July, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIDER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk the Sec- Car- Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of a 36" and 24" storm sewer in Avalon Road, Hillcrest Road and Deborah Drive, presented and read. Mayor Schaller 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. Schaller, Council- Kean, Schreiber, JulY 2, 1962 The Honorable Mayor and City Council Gentlemen: Pursuant to yoU\l" instruction, sealed bids were received until 10:00 A.M. (DST) Monday, July 2, 1962 for the Deborah Drive Storm Sewer. The lowest bid submitted was entered by Mer! Goerdt Exca- vating of Dyersville, Iowa: the bid was 11.94% under the estimate. A tabulation of the bids received are attached. I recommend that the contract for the improvement be awarded to Mer! Goerdt Excavating. Verr truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved adoption of the resolution. onded by Councilman Takos. ried by the following vote: Yeas-Mayor Schaller, Council Horgan, Kean, Schreiber men Takas. Nays-None. Attest: 1"1 Regular Session, July 2, 1962 The above resolution was intro- duced, .approved and ordered placed on file with the City Clerk this 4th day of June, 1962. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 2nd day of June 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIDER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop. tion of the resolution. Seconded by Councilman Kean. Carried by the following vote. Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a Reso1u. tion of Necessity No. 117-62 which was duly passed by this Council for the construction of a thirty-six inch (36") and twenty-four inch (24") Storm. Sewer in Avalon Road, Hill- crest Road and Deborah Drive be. ginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of A of Hillcrest Park, thence westerly to Avalon Road, thence north in A va- Ion Road to Hillcrest Road thence west on Hillcrest Road to Lot 8 Block 1 of Hillcrest Heights thence northerly to Lot 6 Block 1 of Hill- crest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road. 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 the prop- erty owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Kaufmann Avenue-East 17th Street Storm Sewer Fund. Attest: (Ordering Construction) RESOLUTION NO. 142-62 (Necessity for Improvement) RESOLUTION NO. 117-62 Whereas, proposed plans, specifi- cations, form of contract have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among things the following: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a thirty- six inch (36") and twenty four inch (24") storm sewer in Avalon Road, Hillcrest Road and Deborah Drive beginning at the existing manhole in Lot 2 of Lot 2 of Lot 2 of Lot A of Hillcrest Park, thence westerly to Avalon Road, thence north in Avalon Road to Hillcrest Road, thenc west on IDUcrest Road to Lot 8 Block 1 of Hillcrest Heights, thence northerly to Lot 6 Block 1 of Hillcrest Park, thence west to Deborah Drive, thence northerly in Deborah Drive to Carter Road. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived all ob- jections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there. for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Kauf- mann Avenue-East 17th Street Storm Sewer Fund. that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Kean. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takas. Nays-None. ',,, .. 236 239 ~ July 2, 1962 HOD. Mayor & City Council City Han Gentlemen: On June 25, 1962, Farley & Loet- scher Manufacturing Co. filed a communication with your Honor~ able Body asking that City of Dubuque convey and quit claim to the Farley & Loetscher Manufac- turing Co. all interest in the alley between Washington and Jackson Sts. from 7th St. to 8th St., which alley was vacated by Ordinance of the City Council of Dubuque ap- proved on March 4, 1905, and the said company was authorized to use said alley for erection, main- tenance, and operation of factory building and storage yards, pro- vided that if at any time said Farley & Loetscher Mfg. Co., its successors and assigns should cease to use the premises vacated for manufacturing purposes, then the alley so vacated would revert to the City of DUbuque,. 10wa. 1t appears that the City of Du- buque has only a right of way over said alley for public purposes and that the fee title rests in the abutting owner. In view of the fact it was vacated upon the conditions above recited the only right of reversion would be to the use of said alley for public purposes by the City of Du- buque, which right of reversion would not ripen so long as same was used for manufacturing pur- poses. Attached hereto are the appropri- ate proceedings to be adopted by the Council for conveyance for interest of the City of Dubuque in said alley to Farley & Loetscher Mfg. Co. An examination of the City As- sessor's records shows that the company has been paying taxes levied against said alley. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the opinion be received and made a matter of record. Seconded by I dispose of the hereafter described real estate at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and WHEREAS, there being no writ- ten or oral objections to the pro- posal to dispose of the interest in real estate hereinafter described. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNClL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Du. buque, Iowa, in and to Lot 2 of Lot 1 of Rigi Subdivision and Lot 2 of Lot 6 of Lot 12 of Miueral Lot 172, each in the City of Dubuque, Iowa, to Hartig Drug Company for the sum of $1400.00, subject to the terms and conditions, with right of revertor as set out in the instru- ment of conveyance and as set out in Resolution No. 113.62 be aud the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized aud empowered to execute and deliver Deed Without Warranty to Hartig Drug Company upon receipt of payment of the purchase price and receipt of payment of costs of publication, and that no abstract of title be furnished. Passed, adopted and approved this 2nd day of July, 1962, by unanimous roll call vote. Loms 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 and the Mayor and Clerk be authorized to execute a deed without warranty subject to changing paragraph 4 to read within sixty feet (60') of the extension of the north curb line of Delhi street. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Session, July 2, 1962 Regular rnl;;'; Session, July 2, 1962 On roll call the vote was as fol- lows: AYES: Councilman Horgan. Kean, Schaller, Schreiber, Takos. Nays-None. Regular Schaller, Coundl- Kean, Schreiber, 238 Yeas-Mayor men Horgan, Takos. Nays-None. Whereupon the Mayor of the City of Dubuque. Iowa, declares this resolution passed and adopted. LOUlS SCHALLER Mayor of Dubuque, Iowa (Corporate Seal) Attested: LEO F. FROMMELT, City Clerk CERTIFICATE 1, R. N. Russo, Chief Legal Offic- er for Dubuque, Iowa, certify that I have examined the resolwution establishing a Civil Defense Agency for Dubuque, Iowa, and find that the Civil Defense Agency was duly established pursuant to law. R. N. RUSSO, City Attorney 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. RESOLUTION NO. 144-62 RESOLUTION APPROVlNG THE ESTABLISHMENT OF A C1VlL DEFENSE AGENCY FOR DUBU- QUE, IOWA. WHEREAS, the potential enemy is equipped with offensive weapons and devices including conventional and nuclear bombs, and possibly chemical and biological agents, which may be delivered hy manned bombers, submarines or ballistic missiles. It is possible also that the United States may be subjected to weapons delivered by clandes- tine means. Therefore, it is deemed neces- sary and expedient for a Civil De. fense Agency to be organized for Dubuque, Iowa. WHEREAS, the tensions in the international situation are such that the United States could be sub- ject to enemy attack. Proof of Publication, certified to by the Publisher, of notice of proposal to dispose of Lot 2 of 1 of Rigi Subdivision and Lot 2 of Lot 6 of Lot 12 of Mineral Lot 172 in the City of Dubuque, Du- buque County, Iowa, to Hartig Drug Company in the amount of $1400., presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Kean moved that the proof of publication be received and filed. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Horgan, RESOLUTION NO. 145-62 WHEREAS, pursuant to resolu- tion and notice the City Council of Dubuque, Iowa, met on the 2nd day of June, 1962, at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamber in the City Han to con.sider the proposal to Schaller, Council- Kean, Schreiber, men Takas. Nays-None. BE IT RESOLVED by the City Council of Dubuque, Iowa, that un. der the Iowa Civil Defense Act of 1959, Chapter 82, Arts of the 58th General Assembly, we, the City Council of Dubuque, Iowa, hereby create and establish a Civil De- fense Agency to work in a joint effort with the Federal, State, Du- buque County and other County Municipal Civil Defense Agencies in the event of major man-made disasters or in the event of natural disasters including, but not limited to hurricanes, tornadoes, wind- storms or floods. BE IT FURTHER RESOLVED THAT: The City Council of Du- buque, Iowa, hereby subscribes to and will abide by all of the pro- visions and conditions of the Du- buque County Resolution passed and adopted establishing a Du. buque County Municipal Civil De- fense Agency, a copy of which is attached hereto. It was moved by Councilman Schreiber. seconded by Councilman Kean that the above resolution be approved. '~ 241 plans and specifications approv- ed by the City Manager and un- der the inspection of the City Engineer; e- To maintain the street improve- ments and sanitary sewer and sidewalks hereinbefore referred to for a period of four (4) years from the date of their accept- ance Session, July 2, 1962 f-To provide the foreging con- struction and maintenance at the expense of owners; g- To construct said improvements except the concrete sidewalks prior to November 1, 1963; h- To construct said concrete side- walks prior to November 1, 1964; and further provided that Verlyn G. Miller and Ruth L. Miller as own- ers of said Subdivision secure the performance of the foreging con- ditions by providing security in such sums and with such sureties as may be acceptable to the City Manager; proved; and upon said plat appears a street to be known as Bush Street, and also easements for street purposes and for public utilities which the owners, upon said plat, have dedicated to the public forever; and WHEREAS, said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto, except that the street has not been reduced to grade or paving or sidewalks in- stalled therein; and WHEREAS, storm and sanitary sewers, water mains and house laterals have been installed in ac- cordance with the plans submitted with the plat; Regular Section 3. That in the event the said Verlyn G. Miller and Ruth L. Miller shall fail to execute the ac- ceptance and provide the security provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 2nd day of July, A.D. 1962. LOllS SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Attest: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, lOWA: Section 1. That the dedication of Bush Street, together with the easements for street purposes and public utilities as the same appear upon said plat are hereby accepted; Section 2. That the plat of the subdivision of Lot 1 of Lot 7 of Mineral Lot 42 and Lot 2 of the Westerly 78.68 feet of Lot 3 in Oak Grove Addition, all in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the MaYQr and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, upon said plat, provided the owners of said property, hereinbefore named, exe- cute their written acceptance here- to attached agreeing: b-To surface Bush Street, includ- ing the turn-around, as the same appears on said plat with 6Y. inch Portland cement concrete pavement with integral curb in accordance with plans submit- ted with the plat; Regular Session, July 2, 1962 this 2nd day of July, 1962, by animous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Councilman Takas moved the adoption of the Ordinance. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. July 2, 1962 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your con- sideration is plat of Miller Addi- tion. This plat has been approved by the Planning & Zoning Commission. Respectfully submitted Dubuque Planning & Zoning Commission By OWEN RlLEY, Sec'y. RESOLUTION NO. 146-62 WHEREAS, Farley & Loetscher Mfg. Co. has made written applica- tion to the City Council of Du- buque, Iowa for conveyance of whatever interest the City of Du- buque has in and to one certain al- ley lying between Washington and Jackson Streets from Seventh (7th) Street to Eighth (8th) Street in the City of Dubuque, Iowa; and WHEREAS, it appearing to the Council that the only interest that the City of Dubuque has in said alley is the right of reverter for use of said alley for pUblic pur- poses and that the fee title to said alley rests in the owner of the property abutting said alley, which is Farley & Loetscher Mfg. Co.; and un- the Schaller, Council. Kean, Schreiber Carried by 240 Councilman Kean. following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Attest: is a building of said alley; WHEREAS, there occupying a portion and Councilman Schreiber moved that the communication be receiv- ed and filed. Seconded by Mayor Schaller. Carried by the fallowing vote: Yeas-Mayor men Horgan, Takas. Nays-None. Schaller, Council. Kean, Schreiber, WHEREAS, it appears to the City Council that it would serve the best public interest that the City of Dubuque dispose of its int- erest in said alley to Farley & Loetscher Mfg. Co. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNClL OF DUBUQUE, IOWA: a-To reduce Bush Street to grade, as shown by the profiles sub- mitted with the plat. RESOLUTION NO. 147-62 Resolution Approving the Plat of "Miller AddUion" in the City of Dubuque, Iowa WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 of Lot 7 of Mineral Lot 42 and Lot 2 of the westerly 78.68 feet of Lot 3 in Oak Grove Addi- tion, all in the City of Dubuque, Duhuque County, 10wa, are platted as: Section I. That the City Clerk is hereby directed to cause publica- tion of notice of intent by the City of Dubuque to dispose of its interest in the alley lying between Washington and Jackson Streets from 7th Street to 8th Street in the City of Dubuque, Iowa to Far- ley & Loetscher Mfg. Co. Section 2. That the form of Deed hereto attached to be executed by the Mayor and City Clerk con- veying interest of the City of Du- buque in and to said alley to Farley & Loetscher Mfg. Co. and the same is hereby approved. Ii I I: Ii II " i! ii 1: ii il I! . To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 147.62 has been pro- vided by the owners. Dubuque, Iowa, July 6, 1962. Gilbert D. Chavenelle, City Manager c-To install concrete sidewalks on both sides of Bush Street in ac- cordance with the City of Du- buque Standards and Specifica- tions for permanent sidewalks; d-To construct the foregoing im- provements in accordance with Lots 1, 2, 3, 4, and 5 in "MiIIer Addition" in the City of Dubuque, Dubuque County, Iowa by Verlyn G. Miller and Ruth L. Miller, hus- band and wife, as owners thereof, and said plat has been examined by the City Plan CommiBsion and ap- Section 3. That the costs of pub- lication be paid by Farley & Loet- scher Mfg. Co. and that no abstract of title be furnished. Passed, adopted and approved 243 Mayor Schaller moved that Thomas M. Flynn be appointed to fill the vacancy on the Planning & Zoning Commission for a five year term to 5-24-67. Seconded by Councilman Takas. Carried by the fOllowing vote: Yeas-Mayor men Horgan, Takas. Nays-None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Horgan. Carried hy the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. 962. .........1962. Councilmen Attest ...............cit;.ci~~k. Schaller. Council Kean, Schreiber, 1962 Session, July 2, Councilman Takas moved the adoption of the resolution. SecondM ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. LEO F. FROMMELT, City Clerk Approved Adopted CLASS "C" BEER PERMIT O'Meara, Louis, 1655 Delhi Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. PASSED, ADOPTED and AP. PROVED this 2nd day of July, 1962. LOms SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, Regular RESOLUTION NO. IS0-62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have reo ceived the approval of this Council: WHEREAS, the premises to be oceupied by such applicants were inspected and found to comply with the ordinances of this City, and they have filed proper bonds: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. BEER PERMIT Address 698 Central A v- CLASS Name Hemmer, John P. enue 11811 I'.. 'I William Harbaugh, 475 Central enue Richard J:. Kamentz, 1697 Jackson Street Louis H. Harle. 62 Locust Street William J. Baum. 521 East 22nd Street John G. Kass, 678 Central Avenue George Ragatz, Jr.. 1996 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. PASSED, ADOPTED PROVED this 2nd day 1962. Av. July 2, 1962 Session, ACCEPTANCE OF RESOLUTION NO. 147-62 Verlyn G. Miller and Ruth L. Miller having read the terms and conditions of the foregoing Resolu- tion No. 147-62 and being familiar with the contents thereof hereby accept the same and agree to per. form the conditions required there- in. and AP- of JULY, Loms SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor Schaller. Council- men Horgan. Kean, Schreiber. Takas. Nays-None. RESOLUTION NO. 149-62 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 applications be granted and licen- ses be issued upon the compliance with the terms of the ordinances of the City. BEER PERMIT Address 698 Central Av- ~ Attest: 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. COUNClL RECESSED AT 9:35 P.M. COUNClL RECONVENED AT 9:40 P.M. Regular 242 Attest: VERLYN G. MlLLER RUTH L. MlLLER Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller. Council- men Horgan. Kean, Schreiber, Takos. Nays-None. RESOLUTION NO. 148-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law re- lating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to sell cigar- ettes and cigarette papers within said City. "B" CLASS Name John P. Central Name Address Mrs. Gloria Glynn, 659-679 Central Avenue Robert A. Brillhart, 336 Main Street Earl J. McNamara, 1046 University Mrs. Josephine Burke, 215 West 9th Street, Fischer Building Robert Keh1, 62 Locust Street Clarke Oil & Refining Co., 1005 Dodge Street Mrs. Rita B. Love, 802 Iowa Street John F. Hall, 3050 Asbury Street James W. Baxter, 1501 Central Av- enue George K. Arvanitis, Avenue John P. Hemmer, 1958 Hemmer. enue CLASS "C" BEER PERMIT Louis O'Meara. 1655 Delhi Street PASSED, ADOPTED and AP- PROVED this 2nd day of July, 1962. LOmS SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Attest: Av- enue Melville L. Donovan, 1876 Central Avenue Mrs. Doris Riekena, 301 Main Street Roshek Brothers Co., 700-798 Lo- cust Street Harold A. Specht, 3003 Asbury Street Harriet Bush, 700 East 16th Street Frank Lambert, 2323 Central Av- enue Robert E. Cahill, 402 Locust Street Disabled American Veterans Club. Inc., 951lh Main street Central 698 ."'''' ~ i~ " i' I' Ii 11 i, i~ t ~; Ii t~ t i Iii , II !,~ i 'I I, I", ," " :l "I: I, i: I I, ~ 'i Iii Iii ,'! I:,: ~ I, j;'1 :1': , !I., d.: ;1' I II'j Iii i , " 245 M. Dillard and deliver same upon receipt of a duly executed release. Seconded by Councilman Kean. Carried by the fallowing vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, ORDINANCE NO. 47-62 An Ordinance vacating the al- ley between Jackson and White Streets from Seventh (7th) Street to Eighth (8th) Street in the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Notice of claim of William J. Burke, in the amount of $10.00, for plumbing expense incurred as the result of a clogged up sanitary sewer at 560 Maplewood Court on June 30, 1962, presented and read. Councilman Takas moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal. ler. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. July 6, 1962 To the Honorable Mayor and City Council Gentlemen: The petition of Farley and Loetscher Mfg. Co., requesting Vacation of Alley between White and Jackson from 7th to 8th Streets has been considered by the Planning & Zoning Commission. The Commission sees no public need for this alley and recom- mends same be vacated. Respectfully submitted, Dubuque Planning & Zoning Commission OWEN RlLEY Seeretary Councilman Kean moved that the com~unication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays--None. Schaller, Council Kean, Schreiber 1962 men Takos. Nays-None. Session, July 9, Dubuque. Iowa, and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seeonded by Mayor Schaller. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. July 6, 1962 Hon. Mayor & City Council City Hall Gentlemen: On March 21, 1962, Palmer J. Dillard of 124 West 13th Street and Lulu M. Dillard of same ad- dress, filed notice of claim against the City for injuries allegedly suf- fered as a result of a fall on a public sidewalk at the southwest corner of Seventeenth Street and Central Avenue in the City of Du- buque, Iowa, on March 8, 1962, claiming that said sidewalk was defective and covered with an ac- cumulation of rough. rounded and uneven snow and ice, and further claiming that said condition existed for an unreasonable length of time. The said Lulu M. Dillard has incurred medical expenses of the amount of $122.65, and said claimants have made an offer of settlement in the amount of $350.00. It is the reeommendation of the City Attorney that said of. fer be accepted and that the City Auditor be instructed to draw a warrant payable to the claimants in the amount of $350.00, and to deliver same upon the receipt of a duly executed release by the said claimants. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war- rant in the amount of $350. pay. able to Palmer J. Dillard and Lulu Special 1962 It is recommended that the in. stallation of two light on Vizallea be granted. It is also recommended that the petition for the installa. tion of street lights on Keymont Drive be denied, as the abutting property on this street is not built- up sufficiently to require lights. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber m 0 v e d that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. To the Honorable and City Council Gentlemen: A street light has been requested on Adair Street. Your staff has investigated the situation, and it is recommended that one street light be placed at the intersection of Rosedale Av- enue and Adair Street, and a sec- ond light on Adair Street mid- block between Rosedale Avenue and Dexter Street. Respectfully, GILBERT D. CHAVENELLE, City Manager Councilman Takas moved that the recommendation of the City Manager be approved. Seeonded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Councilmen H 0 r g a n, Kean, Schreiber, Takos. Nays-None. Hon. Mayor City Hall Gentlemen: On June 12, 1962 Mary Monica Wagner of 970 Davis Avenue in the City of Dubuque, filed claim for damages for in~ juries allegedly suffered as are. sult of striking an excavation and diches in the street on Shiras A v- enue near the north exit from Eagle Point Park, while claimant was riding a bicycle with her sno on May 13, 1962. I have made an investigation of this claim and find that the point of claiman't fall occurred outside of the City Limits of the City of 1962 1962 July 9, Mayor July 2, & City Conncil Session, J uly9, CITY COUNCIL OFFICIAL Special Session, July 9, 1962. Council met at 7 :30 P.M. Daylight Saving Time. Present-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas, City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meet. ing is called for the purpose of directing the date of public hear. ing on the Budget Estimate of Ex. penditures for the fiscal year be- ginning January 1, 1963 and ending December 31, 1963, and acting up. on any other business as may properly come before a regular meeting of the City Council. Communication of First National Bank agreeing to revocation of the parking meter ordinance which permitted use of parking facilities on 5th street alongside their old bank location, presented and read. Mayor Schaller moved that the communication be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Schreiber. Carried by the follow. ing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Communication of American Mu. nicipal Association extending an invitation to the Council to attend the 29th Annual Congress to be held August 25-29 in Philadelphia, presented and read. Councilman Kean moved that the communica. tion be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. July 5, 1962 To the Honorable Mayor and City Council Gentlemen: You have referred to your staff. the petition of Hill. crest Builders, Inc., for street lights on Vizaleea and Keymant Drives. Special 244 1ft! -~~~- ~='"~~_~~~~~c__~ 11 Special Session, July 9, 1962 247 ill I;: Ii I'! :11 I' ,':1 , I' I,' I ~' Councilman Schreiber moved that the rules be suspended in order to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, CounciI~ men Horgan, Kean, Schreiber, Takos. Nays-None. Mr. Tom Loosbrock of the Urban Renewal Consultant Selection Com~ mittee was in attendance but had no comments to offer. i,! I:, II III II J:i ili 1'1 There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. 962. .........................1962. Attest .................Cii"y.Clerk t Councilman Kean moved that the Mayor write a letter to the American Legion and DUbuque Junior Chamber of Commerce commending them for the spec- tacular of the last week end. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. ~ collected in the year 1963 and said bUdget having been duly approved by it. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque that said bUdget estimate be and the same is hereby ordered filed in the of- fice of the City Cierk of the City of DUbuque and the date of public hearing thereon is hereby fixed as the 6th day of August 1962 at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City Hall. LEO F. FROMMELT City Clerk CounC'ibnen -m~ , Ordinance. Seconded by Council- man Takas. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. 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, Takas. Nays-None. Session, July 9, 1962 Petition of John J. Palm et al requesting that either stop or yield signs be placed at all inter- sections entering Hillcrest Road between Asbury and Carter Road, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Traffic Department for in- vestigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Special 246 Approved Adopted BE 1T FURTHER RESOLVED that said Clerk be and he is here- by directed to cause said bUdget estimate of expenditures to be published in the official newspa- per of the City of DUbuque and the official notice to be given of the time and place, when and where said bUdget estimate will be considered by said Council for final adoption, at which time and place, taxpayers will be heard for and against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 9th day of July, 1962. LOmS SCHALLER Mayor JOHN P. SCHRE1BER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber. Takas. Nays-None. Attest: Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Bissell Lane, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Engineering Department. Seconded by Mayor Schaller. Carried by the following vote: Petition of Lyon & Gladys Hin- man requesting a refund in the amount of $75.00 on the unexpired portion of cigarette license No. 102, as they have discontinued business on July 2, 1962, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $75.00, payable to Lynn & Gladys Hinman, to cover the amount due on the unexpired portion of cigarette li- cense No. 102. Seconded by Coun. cUman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council- Kean, Schreiber, Schaller, CouncU. Kean, Schreiber Yeas-Mayor men Horgan, Takos. Nays-None. RESOLUTION NO. 151-62 WHEREAS, the City Manager has submitted a bUdget estimate as provided in Chapter 24 of the 1962 Code of 10wa and the City Council had duly considered and caused to be prepared the budget estimate of expenditures for the fiscal year beginning January 1, 1963 and ending December 31, 1963 as a basis for the tax levy for the year 1962 the same to be ORDINANCE NO. 47-62 AN ORDINANCE VACATING THBl ALLEY BETWEEN JACKSON AND WHITE STREETS FROM SEVENTH (7th) STREET TO EIGHTH (8th) STREET IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Farley & Loetscher Manufacturing Company of Du- buque, Iowa, has petitioned the City Council to vacate the alley between Jackson and White Streets from Seventh (7th) Street to Eighth (8th) Street; and WHEREAS, it appears to the City Council of Dubuque, Iowa, that said alley is no longer needed for public use; and WHEREAS, vacation of said alley has been approved by the Planning and Zoning Commission of City of Dubuque, Iowa. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. That the alley lying between White Street and Jackson Street from Seventh (7th) Street to Eighth (8th) Street be and the same is hereby vacated. Passed, adopted and approved this 9th day of July, 1962, by unanImous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- graph Herald newspaper this 13th day of July 1962. LEO F. FROMMELT City Clerk It. 7-13 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 249 Solicitor. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Horgan, July 23, 1962 Mayor To the Honorable and City Council Gentlemen At your meeting of July 9th, you referred to the Manager and Engineer a request of Peoples Natural Gas Division for excava- tion in Bissell Lane. You wished to determine if their customer reo quest for service was received prior to the repair of the lane. We have been informed that the customer, Donald Dahms, applied for a service gas connection on July 3rd. The alley was repaired June 12th. We recommend granted. petition be RespectfUlly submitted, Gilbert D. Chavenelle City Manager Councilman Takas moved that the recommendation of the City Manager be approved. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Horgan, Schaller, Council. Kean, Schreiber, this Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June 1962, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the fallowing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber. Takas. Nays-None. men Takos. Nays--None. 1962 ~ -1 July 13, Hon. Mayor & City Council Gentlemen On January 18, 1962, Andrew Ohnesorge of 2119 Johnson St., Dubuque, Iowa, filed claim against the City in the amount of $40.00 for damages allegedly suffered by his vehicle at 16th & Maple, Du- buque, Iowa. This office has prevailed upon the contractor's carrier to adjust said claim and this office has been advised that said claim has so been adjusted, and I therefore recommend denial of the claim filed against the City. Original claim is attached here- to. HEATING Lester Kaufman and George Kuse, d/b/a K & K Heating Con. tractors, Merchants Mutual Bond. ing Co. Linehan & Malo, U.S. Fidelity and Guaranty Co. Walter F. Gronau & William H. Lammer, United Pacific Insurance Co. Respectfully submitted, R. N. RUSSO City Attorney BLASTING Merl Goerdt, d/b/a Merl Goerdt Excavating, American States Ins. Co. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the bonds and policies be filed subject to the approval of the City Schaller, Council Kean, Schreiber. 1962 men Takos. Nays--None. 1962 July 23, To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor SIDEWALK James C. Martin, American Surety Company. Arthur A. Hartmann, d/b/a Hartmann Construction Company, Commercial Union Ins. Co. V & E Construction Company, American Employers' Ins. Co. .~ 23, Session, July Councilman Takos moved that the reports be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Special Session, July 23, CITY COUNCIL OFFICIAL Special Session, July 23, 1962. Council met at 7:30 P.M. Daylight Saving Time. Present-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. 1962 July 12, 1962 To the Honorable Mayor and City Council Gentlemen: A request has heen made for street lights on Bristol Drive. Your staff has investigated the location, and it is recommended that lights be installed on ease. ments between Lots 10 and 11 of Block 2, or between 1805 and 1815 Bristol Drive, and between Lots 6 and 7, Block 2, or 1755 and 1765 Bristol Drive. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 1962 I herewith submit the audit re. port of O'Connor, Brooks, Ahrendt & Brooks covering the examination of the city records and accounts for the year 1961. Respectfully submitted, Gilbert D. Chavenelle City Manager 248 ~ 10, July Honorable Mayor and City Council Gentlemen: Schaller, Council- Kean, Schreiber, Communication of the Cultural Commission, by Joe A. Rhomberg Chairman, setting out their aims and objects, organization, the adoption of purposes, all relative to their financial needs, presented and read. Councilman Takos moved that the rules be suspended in order to allow anyone present address the Council if they so desire. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. Special Communication of Dukes of Du- buque thanking the Council for the support given the weekend of July 7th & 8th, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Councilman Takos moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. July 19, 1962 Mayor I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of June, as well as a list of claims and pay- rolls for which warrants were is. sued for the month of June, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the communication of the Cultural Commission be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. To the Honorable and City Council Gentlemen: Mr. Joe Rhomberg addressed the Council by stating that the com. mittee have just been marking time. No building has yet been found that would be adequate to house a museum. He would not recommend a museum which would be nothing more than just a museum. He would be more in favor of an active community center. 251 the Sec- Car- men Takas. Nays-None. (Necessity for Improvement) RESOLUTION NO. 15~2 Whereas proposed plans, specifi- cations, form of contract have been duly prepared and approved by the City Council of the City of Du. buque and are now on file in the office of the City Clerk showing among other things the fOllowing: The street to be 2. An estimate of the cost of the proposed improvement. For the construction of a fifteen inch (15") sanitary sewer in Feng- ler Street from the existing man- hole in Kerper Boulevard thence westerly 503 feet to the existing manhole first west of Peosta Street. Be It Therefore Resolved that the Ctiy Council in its own motion or upon petition of property own. ers, deems it advisable and neces- 5ayr for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objec- tions thereto. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. 3. Mayor Schaller issued a procla- mation to comply with the request. Councilman Takos 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 Amvets Auxiliary re- questing permission to hold White Clover Days August 24th and 25th, presented and read. ~ Said improvement 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 Sanita- tion Fund-Municipal Improvements. Councilman Takos moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. RESOLUTION NO. 152_2. Preliminary Estimate and ap- proval of plans, specifications, form of contract and aU other documents for the construction of a 15" sanitary sewer in Fengler Street from the existing manhole in Kerper Boulevard thence west- erly 503 feet to the existing man- hole first west of Peosta Street. at an estimated cost of $5,846.25, presented and read. Councilman Takos moved adoption of the resolution. onded by Councilman Kean. ried by the following vote: Schaller, Council Kean, Schreiber, Session, July 23, 1962 YeaS-Mayor Horgan, Petition of Dubuque Water Ski Club requesting permission to stage a water ski show on August 5, 1962, in a closed area between Hawthorne & Lincoln Avenue, pre- sented and read. imporved. such improve- .1....' .~ Special 1962 Streets on the north side of 14th Street on May 16, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor SchaUer. Carried by the foUow. ing vote: Yeas-Mayor Horgan, Petition of Sears Roebuck & Co. requesting permission to complete the off site portion of the sewer to the existing 84" line which re- quires excavation in Railroad A v- enue and continue construction on city property, presented and read. Councilman Takas moved that the request be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Petition of Sears Roebuck Co. requesting permission to make test borings on opproximately two acres of land located west of Huff Street approximately six hundred feet south of Railroad Avenue, pre- sented and read. Councilman Takas moved that the request be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Petition of Ohio Casualty Insur- ance Company requesting release of sidewalk construction bond No. 538218.4 issued to Wendel! Retten. berger & Vincent Ryan d/b/a Ret- tenberger Tree and Landscape Service, presented and read. Mayor SchaUer moved that the request be granted and the Clerk authorized to sign the release. Sec~ onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, 23, Session, July 250 Mayor Schaller moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. of The plan mentA 1. Mayor Schaller moved that the petition be granted subject to the approval of the City Manager and Water Superintendent. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor men Horgan, Takas. Nays-None. Petition of DUbuque Packing Co. and Local No. 150 A.M.C. & RW. of North American Union request- ing the Mayor to proclaim the period of August 31 to September 1, 1962, as "BOOST DUBUQUE DAYS," presented and read. Schaller, CouncH Kean, Schreiber Notice of claim of Clarence L. Schuster, in the amount of $100., to cover damage and expense in- curred as the result of a sanitary sewer backing up into his home at 2195 Lincoln Avenue on July 9, 1962, presented and read. Coun- cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal. ler. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takos. Nays-None. Schaller, Council- Kean, Schreiber, men Takos. Nays-None. Notice of claim of Mrs. Joe Kress, in the amount of $84.75, for damage to her car as the result of a broken tree limb falling on same at 1821 Rhomberg Avenue, on June 18, 1962, presented and read. Councilman Takos moved that the notice of claim be refererd to the City Solicitor for investigation and report. Seconded by Mayor Schaller. Carried by the fallowing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. Notice of claim of Marcella Oh- nesorge, in an un-named amount, for personal injuries received as the result of a fall in the cross walk between Maple and Cedar ~; Schaller, Council Kean, Schreiber, Schaller, Council Kean, Schreiber Schaller, Council- Kean, Schreiber, men Takas. Nays-None. Notice of claim of Victor Fessler Sr., in the amount of $27.78, for damage to his car as the result of striking a water shut-off at the corner of Brown and Delhi streets on July 16, 1962, presented and read. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor SchaUer, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. I I! ., :1 il I ii ill f II Special 253 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of an eighteen inch (1S") storm sewer in Chaney Road from the existing storm sewer in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road behind the east curbing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive of a lateral line from Sta. 6+88.18 to the west property line of Chaney Road. ~ Be 1t Therefore Resolved that on the 20th day of August, 1962, a public hearing will be held at 7:30 P.M. Daylight Saving Time in the Council Chamber of the Ctiy of Dubuque at which time the ob~ jectors for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract, to the cost of the im- provement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less thau ten (10) days prior to the day fixed for it's considera- tion, the City Clerk be and he is hereby directed to have published the Notice of Pendency for said improvement, and the City Clerk is hereby directed to advertise for proposals for the construction of the improvement. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sanita- tion Fund - Municipal Improve- ments. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. file Passed, adopted and approved this 23rd day of July, 1962. Councilman Schreiber moved the adoption of the resolution. Second- LOUIS SCHALLER, Mayor JOHN P. SCHREffiER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen LEO F. FROMMELT, City Clerk 23, 1962 (Pixing Date of Hearing) RESOLUTION NO. 157_2 Attest: Session, July er of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Highland Farm southerly in Chaney Road behind the east curbing to the existing storm sewer in Lot 1 of St. Rose Place: inclusive of a lateral line from Sta. &88.18 to the west property line of Chaney Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provem(jnt, and unless property owners at the time of the final consideration of this proposed resoltuion have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all Objections thereto. for Councilman Schreiber moved ap- proval of the resQlution. Seconded by Councilman Kean. Carried by the fOllowing vote: Schaller, Council- Kean, Schreiber, Special Approved and placed on final action. SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen LEO F. FROMMELT, City Clerk Approved: LOUlS Yeas--Mayor men Horgan, Takos. Nays--None. Attest: RESOLUTION NO. 155-42 Preliminary Estimate, plans and specifications, form of contract plat (Fixing Date of Hearing) and all other documents for the RESOLUTION NO. 154-62 construction of an eighteen inch Whereas, the City Council of t~e (18") storm sewer in Chaney Road City of Dubuque, Iowa has gIven Its from the existing storm sewer in preliminary approval on the pr<>- Lot 1-1-1-2-1.1-1.2 of Highland Farm posed plans, specifications, and southerly in Chaney Road behind form of contract a~d placed sa~e the east curbing to the existing on file in the offIce ()[ the CIty storm sewer in Lot 1 of S1. Rose Clerk for public inspection for the Place' inclusive of a lateral line construction of a fifteen inch (15") from 'Sta. 6-88.18 to the west prop- sanitary se~e~ in Fengler. Street erty line of Chaney Road, at an from the eXlstmg manhole In Ker- estimated cost of $6,400.00, pre- per Boulevard thence westerly 503 sented and read. feet to the existing manhole first Mayor Schaller moved the adop- west of Peosta Street. tion of the resolution. Seconded by Be It Therefore Resolved that on Councilman Kean. Carried by the the 20th day of August, 1962, a following vote: public hetarin!l will be h~ld ~t Yeas-Mayor 7:30 P.M. Dayhght Savmg Time m men Hor an the Council Chamber of the City of T kg, Dubuque at which t~e the objec- a N~s's-None. tors for the proposed Improvement y may appear and make objection to the proposed plans and specifi- cations and proposed form of con- tract, to the cost of the improve- ment and the Ctiy Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for it's consideration, the City Clerk be and he is hereby directed to have published the Notice of Pendency for said im- provement, and the City Clerk is hereby directed to advertise for proposals for the construction of the improvement. 1962 Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREffiER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schal).er, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Special Session, July 23, Councilman Takos moved the ap- proval of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas Approved and placed on file for final action. Approved: LOUlS SCHALLER, Mayor JOHN P. SCREffiER, PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk 252 Schaller, Council- Kean, Schreiber, Nays-None. (Necessity for Improvement) RESOLUTION NO. 156--62 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 1. The street to be improved. 2. The plan of such improve- ment. 3. The estimate of the cost of the proposed improvement. For the construction of an eighteen inch (18") storm sewer in Chaney Road from the existing storm sew- 255 Lot 1 of Lot 1 of Lot 2 of Lot 3 of Mineral Lot 312, and Lot 4 of Lot 1 of Lot 4 of Min- eral Lot 312; Containing 46.98 acres of land, all in Dubuque County, State of Iowa; also described by metes and bounds as follows, to~wit: ~ Beginning at the southwest cor. ner of Lot 7 of Mineral Lot 312, Thence North 419.8 feet, Thence North 610 25' West- 611.4 feet, Thence South 460 40' West-218 feet, Thence North 500 10' West-91.3 feet, Thence North 30 West-159.2 feet Thence North 260 50' West-89.3 feet, Thence North 610 25' West- 578.5 feet, Thence North-258.4' Thence South 580 53' East- 490.8 feet, Thence South 600 East-1678.9 feet, Thence South 760 15' East---<l23.4 feet, Thence North 350 15' East- 97.68 feet, Thence South 540 East-724.0 feet, Thence South 450 East-462.0 feet, Thence South 500 30' East- 808.5 feet, Thence South 410 30' East-165.0 feet, Thence West-1495.38 feet along present corporation line, Thence North 170 25' West- 62.88 feet, Thence North 170 25' West- 130.52 feet along present cor- poration line, Thence North 240 West-407.4 feet along present corporation line, Thence North 380 15' West- 219.9 feet along present cor- poration line, Thence North 590 40' West- 538.2 feet along present cor- poration line, Thence West-338.4 feet along present corporation line to Southwest corner of Lot 7 of Mineral Lot 312, with the ex- ception of Lot 2 of Lot 2 of Mineral Lot 312; aod the territory, as more specifically described in the proposed resolu- tion attached hereto, should join with the petitioners in annexing all of the said territory to the City of Dubuque, Iowa. It is the respectful recommenda- tion of your City Manager that the City Council adopt the resolution annexing the territories described in said resolution to the city of Dubuque, Iowa, as it would be in the best public interest. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Mayor Schaller moved that the recommendation of the City Man- agter be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. Schaller, Council- Kean, Schreiber, 23, 1962 Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. 1962 Session, July 23, Special RESOLUTION NO. 159-62 A Resolution Annexing Certain Territory to the City of Dubuque, Iowa Whereas, the City of Dubuque, Iowa, Charles Pfeiffer Jr. and Lu. cille Pfeiffer, and Leonore A. An- thony, are the owners of the fol- lowing described territory adjoin- ing the City of Dubuque, Iowa, to-wit: Lot 2 of Lot 6 in Fountain Hill Re-Subdivision, Lot 2 of Lot 1 of Lot 6 in Foun- tain Hill Re.subivision, Lot 1 of Mineral Lot 312, Lot 1A of Mineral Lot 312, Lot 2 of Lot 3 of Lot 2 of Mineral Lot 312, Lot 2 of Lot 2 of Lot 3 of Min- eral Lot 312, Lot 2 of Lot 4 of Mineral Lot 312, Lot 2 of Lot 10f Lot 3 of Mineral Lot 312, Lot 3 of Lot 1 of Lot 4 of Min. eral Lot 312, oLt 2 of Lot 1 of Lot 2 of Lot3 of Mineral Lot 312, Lot 2 of Lot 1 of Lot 4 of Min- eral Lot 312 Lot 2 of Lot 6 of Mineral Lot 312, Lot 7 of Mineral Lot 312, and Lot 1 of Lot 1 of Lot 3 of Mineral Lot 312; Lot 1 of Lot 2 of 312, and Lot 1 of Lot 3 of eral Lot 312, ,-- Lot Min- Mineral 2 of Lot rc- Session, July cd by Councilman Takos. Carried by tbe following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takas. Nays-None. 'j I Petition of Charles P. & LucilIe Pfeiffer Jr. requesting annexation of Lot 1 of 1 of 3 of M.L. 312 and Lot 1 of 2 of M.L. 312, present- ed and read. Mayor Schaller moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Petition of Lenore A. Anthony requesting annexation of Lot 4 of 1 of 4 of M.L. 312; Lot 1 of 1 of 2 of 3 of M.L. 312, and Lot 1 of 3 of 2 of M.L. 312 in Dubuque County, presented and read. Mayor Schaller moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. July 23, 1962 To the Honorable Mayor and City Council Gentlemen: The City of Du- buque, Charles Pfeiffer, Jr. and Lucille Pfeiffer, and Leonore A. Anthony, the owners of territory adjoining the City of Dubuque, Iowa, as described in the attached copy of the proposed resolution of annexation and shown on plats at- tached thereto; and Charles Pfeif- fer Jr. and Lucille Pfeiffer, being the owners of-Lot 1 of Lot 1 of Lot 3 of Mineral Lot 312, and Lot 1 of Lot 2 of Mineral Lot 312; and Leon-ore A. Anthony, being the own of-Lot 4 of Lot 1 of Lot 4 of Mineral Lot 312, aod Lot 1 of Lot 1 of Lot 2 of Lot 3 of Mineral Lot 312 and Lot 1 of Lot 3 of Lot 2 of Mineral Lot 312; have made written application for annexation to the City of Dubuque, Iowa; and the City of Dubuque, being the owner of the remaining portion of Special 254 Schaller, Council Kean, Schreiber RESOLUTION NO. 158-62 A resolution approving the plat of Lot 11 of Block 1; Lots 7, 8 and 9 of Block 2; Lots 6 to 14 of Block 3; Lots 1 to 5 or Block 4; and Lots 1 to 6 and Lots 14, 15 and 16 of Block 5 of Barony Woods in Dubuque Township, Dubuque County, Iowa. Whereas, there has been filed with the City Clerk a plat in which Lot 2 of Lot 2, Lot 3 and Lot 1 of Lot 4 of Goldthorp Place in Du. buque Township, Dubuque County, Iowa, are platted as Lot 11 of Block 1; Lots 7, 8 and 9 of Block 2; Lots 6 to 14 of Block 3; Lots 1 to 5 of Block 4; and Lots 1 to 6 and Lots 14, 15 and 16 of Block 5 of Barony Woods by the Barony, Inc., as owner thereof; and said plat has been examined by the Dubuque Planning & Zoning Com. mission and its approval obtained thereon; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto; Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the aforesaid lots, which will be here- after known as and named Lot 11 of Block 1; Lots 7, 8 and 9 of Block 2; Lots 6 to 14 of Block 3: Lots 1 to 5 of Block 4; and Lots 1 to 6 and Lots 14, 15, and 16 of Block 5 of Barony Woods, is here. by approved and the Mayor and City Clerk are hereby authorized and directed to endorse the ap- proval of the City of Dubuque upon said plat. Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER, PETER J. TAKOS JAMES J. KEAN, ROBERT J. HORGAN, Councilmen t~ ~ '1157 Be 1t Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. ~ CLASS "B" BEER PERMIT Name Address Charles Hosch. 543 Eighth Av- enue Mrs. Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, 255 So. Main Street Milton E. Chapman. 709 Univer- sity Avenue Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHAILER. Mayor JOHN P. SCHREIDER. PETER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen FROMMELT. City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. RESOLUTION NO. 162-<12 Whereas, applications for Class "E" Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants were in- spected and found to comply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be 1t Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a beer permit. "B" BEER PERMIT Address Eighth Av- 1103 Main 709 Univer- July 23. 1962 Session, Passed, adopted and approved this 23rd day of July. 1962 by un animous roll call vote. Fettgather, 255 So. LEO F. CLASS Name Charles Hosch. enue Mrs. Ramona Iowa Street Creslanes Bowling, Street Milton E. Chapman, sity Avenue 543 Attest: LOUIS SCHAILER, Mayor JOHN P. SCHREIBER. PETER J. TAKOS, JAMES J. KEAN. ROBERT J. HORGAN. Councilmen LEO F. FROMMELT. City Clerk Special Attest: 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. Attest RESOLUTION NO. 1~2 Be 1t Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the city of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Address 543 Eighth Av- Name Charles Horsch, enue Be 1t Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 23rd day of July. 1962. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. LEO F. RESOLUTION NO. 161-62 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Schaller, CounciJ. Kean, Schreiber, LOUIS SCHALLER. Mayor JOHN P. SCHREIDER. PETER J. TAKOS. JAMES J. KEAN. ROBERT J. HORGAN. Councilmen FROMMELT. City Clerk ~ , Beginning at the Southwest ner of Lot 7 of Mineral 312. Thence North 419.8 feet. Thence North 610 25' West- 611.4 feet. Thence South 460 40' West-218 feet, Thence North 500 10' West-91.3 feet. Thence North 30 West-159.2 feet Thence North 260 50' West-ll9.3 feet Thence North 610 25' West- 578.5 feet Thence North 258.4' Thence South 580 53' East- 490.8 feet. Thence South 600 East-1678.9 feet, Thence South 760 15' East- 323.4 feet, Thence North 350 15' East- 97.68 feet. Thence South 540 East-724.0 feet, Thence South 450 East-462.0 feet, Thence South 500 30' East- 808.5 feet. Thence South 410 30' East- 165.0 feet. Thence West-1495.38 feet along present corporation line, Thence North 170 25' West- 62.88 feet. Thence North 170 25' West- 130.52 feet along present cor- poration line, Thence North 240 West-407.4 feet along present corporation line, Thence North 380 15' West- 219.9 feet along present cor- poration line, Thence North 590 40' West- 538.2 feet along present cor- poration line, Thence West 338.4 feet along present corporation line to southwest corner of Lot 7 of Mineral Lot 312. with the ex. ception of Lot 2 of Lot 2 of Mineral oLt 312; and Section 2. That the City Clerk and he is hereby directed to file in the office of the Dubuque Coun- ty Recorder a certified copy of this Resolution. and cor- Lot Whereas, said territory is being built up and the inhabitants there- of will be enabled to secure the benefit of City Government by way of police and fire protection, and in addition thereto other benefits if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and Whereas. Section 362.30 of the 1962 Code of Iowa authorizes the extension of City Limits in situa- tions of this character by the adop- tion of a resolution therefor. Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section. 1. That the territorial limits of the City of Dubuque, Iowa, are hereby extended by an- nexing to the City of Dubuque the following described territory: Lot 2 of Lot 6 in Fountain Hill Re-Subdivision, Lot 2 of Lot 1 of Lot 6 in Foun- tain Hill Re-Subdivision, Lot 1 of Mineral Lot 312. Lot 1A of Mineral Lot 312. Lot 2 of Lot 3 of Lot 2 of Min- eral Lot 312. Lot 2 of Lot 2 of Lot 3 of Min- erai Lot 312. Lot 2 of Lot 4 of Mineral Lot 312. Lot 2 of Lot 1 of Lot 3 of Min- eral Lot 312. Lot 3 of Lot 1 of Lot 4 of Min- eral Lot 312, Lot 2 of Lot 1 of Lot 2 of Lot 3 of Mineral Lot 312, Lot 2 of Lot 1 of Lot 4 of Min- eral Lot 312, Lot 2 of Lot 6 of Mineral Lot 312. Lot 7 of Mineral Lot 312. and Lot 1 of Lot 1 of Lot 3 of Min- eral ot 312, Lot 1 of Lot 2 of Mineral Lot 312. and Lot 1 of Lot 3 of Lot 2 of Min- eral Lot 312. Lot 1 of Lot 1 of Lot 2 of Lot 3 of Mineral 312, and Lot 4 of Lot 1 of Lot 4 of Min- eral Lot 312; Containing 46.98 acres of land, aU in Dubuque County, State of Iowa by metes to-wit: 23, 1962 Also described bounds as follows: iIiiI. July Special Session, Whereas. the owners of the here- inabove described territory have made written applications to the Ctiy Council of Dubuque, Iowa, to annex the hereinabove described territory; and 256 ~ 259 Honorable on July 2, A detailed analysis of estimated revenues and expenditures was made by the Committee. Estimated cash balances as of January I, 1963 and January I, 1964 were also pro- jected, based on re-evaluation of revenues and expenditures during 1962 and 1963. Mayor and City Council 1962. There were several areas we felt miscellaneous revenues have been under estimated during 1962 and 1963, and budgted expenditures for 1962 had been over estimated based on expenditures during the first half of 1962. There were a number of items where our differences were rela- tively small and since the cash balances do not appear to be ex. cessive, we have accepted the 1963 City Budget as being reason- able. We would like to commend those who prepared the budget as to the orderliness and detailed in- formation which was available to us for analysis purposes. Yours truly, Robert Kolf, Chairman Tax Study Committee Dubuque Chamber of Commerce Councilman Schreiber moved that the communication be reo ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Councilman Takos moved that in account No. 135 Street Road Use Tax Construction Fund Carter Road grading be deleted and the undesignated proj ects be increased by the similar amount of $147,- 800.00. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Councilman Horgan moved that the $7500.00 in Account No. 106 for codification of Ordinances be deleted from the 1963 budget. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Takos. Nays-Councilman Schreiber. 6, 1962 Session, August Regular COUNCIL OFFICIAL Regular Session, August 6, Council met at 7:30 P.M. light Saving Time. Present-Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber. Takos. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. August 1, 1962 To the Honorable Mayor and Members of the City Council. Gentlemen: Attached is a list of all parcels of property within the City consisting of ten acres or more which would be eligible for taxation as agricultural land pro- vided they were used in good faith for agricultural or horticultural purposes. This list has been sub. mitted by the Assessor's office. I am enclosing another list which has been prepared listing the par- cels of property for which exemp- tions have been requested and to my knowledge are eligible for this exemption. Respectfully submitted, GlLBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the list be approved and re- ceived and filed. Seconded by Mayor Schaller. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Councilman Schreiber moved 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. August Mayor and City 1962. Day. Schaller, Council Kean, Schreiber, 6. 1962 Council Honorable City Hall Gentlemen: The Chamber of Commerce Tax Study Committee has reviewed the 1963 City of Du- buque budget as submitted to the CITY 258 Special Session, July 23, 1962 - Be 1t Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 23rd day of JulY, 1962. WillS SCHALLER, Mayor JOHN P. SCHREmER PET1'ER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the ordinance. Seconded by Councilman Schreiber. Carried by the folIowing vote: Yeas-Mayor SchalIer, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. CarrIed by the folIowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. LEO F. FROMMELT, City Clerk Approved ................................1962 Adopted ,......................1962 ....................., ....................., Councilmen ..................... ....................., .....................' Attest ....................., City CIeri< ....~..,...lil""""l ~