1961 February Council Proceedings
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31
Regular Session, February 6, 1961
~ CITY COUNCIL
OFFICIAL
Regular Session, February 6,
1961.
No members of the City Coun-
cil being present upon roll call
the meeting was postponed sub-
iect to call.
LEO F. FROMMELT
City Clerk
Approved ,...,,,...,,,.,,,,,,,,,,1961
Adopted ", ""...,,,,,,,.,,,,.,,.1961
'..........................
..........................
Councilmen ..........................
..........................
'.........................,
Attest: City' Clerk: .
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,
Business District A has been con-
sidered by the Planning and Zoning
Commission.
Mr. Powers states the land across
Old Timers Road which is outside
the City Limits is being planned
for Business Development and he
feels he will be harmed if he is
confined to' residential develop-
ment.
The Commission in planning for
this area feels there is sufficient
land zoned for Business Develop-
ment within the City in this area
and while they have no control of
use of property outside the City
Limits the Zoning of this area re-
quested would only lead to in-
termittent business development
along this By Pass road, The
petition requests a strip of about
one quarter of a mile in length
and two hundred and fifty feet
deep.
This Commission has diSCUSsed
this area development in detaIL
and recOmmends denial of the peti-
tion.
33
1961
9,
Adjourned Regular Session, February
tendency to defeat competition and
have a tendency to put a heavier
burden on the taxpayers, such was
not the case here as the Federal
Government made a grant of 45%
of the cost of the contract on con-
dition that the minimum wage
scale be adopted by the City of
Cascade, and therefore there was
no additional burden to the tax-
payer and any increase in the cost
of the work was borne by the Fed-
eral Government.
It is fundamental that municipal
corporations are WhOlly creatures
of the state legislature. They pos-
sess and can exercise only the
powers (1) expressly granted by
the legislature, (2) necessarily or
fairly implied in or incident to the
powers expressly granted, and (3)
those indispensably essential-not
merely convenient to the declared
objects and purposes of the munic-
ipality.
Respectfully submitted,
DUbuque Planning &
Zoning Commission
By OWEN RILEY, Sec,
Councilman Takos moved that
the communication be receivpd and
filed. Seconded by Mayor Schrei.
bel'. Carried by the fOllowing vote:
YeaS-Mayor Schreiber, Coun-
cilmen Rean, Schaller, Schueller,
Takas.
NaYS-None.
Printed Council proceedings for
the months of August, September
and October 1960, presented for
approval. Mayor Sehreiber moved
that the Council proceedings for
the months of August, September
and October 1960 be approved as
printed. Seconded by Counri'man
Schueller. Carried bJ' the follow-
ing vote:
YeaS-Mayor Schreiber, Council-
men Rean, Schaller, Schueller.
Takos.
NaYs-None.
It would appear, therefore, from
the foregoing that any attempt by
the City Council to put a provision
or a condition in its public im-
provement contracts, requiring
contractors to employ residents of
Dubuque, reqUiring employment of
union labor or establishing mini-
mUm or a fixed wage scale ex-
ceeds the pOwer of the City Coun-
cil and therefore is illegal.
Respectfully submitted,
R. N, Russo
City Attorney
t
Mayor Schreiber read the call
and stated that this is an ad-
journed meeting of the RegUlar
meeting of February 6, 1961, called
for the purpose of acting upon such
business as may properly come
before a regular meeting of the
City Council.
Communication of Hennessey
Bros. Inc. stating that the majority
of laborers used in the construc~
tian of the Kaufmann Avenue-17th
Street storm sewer project are
men from the City of Dubuque,
with some few additional from the
Dubuque trade area, presented and
read. Mayor Schreiber moved that
the communication be received and
filed and that a copy of same be
sent to the Dubuque Federation of
Labor. Seconded by Councilman
Takas. Carried hy the. fOllowing
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Councilman Takas moved that
the communication be received
and filed and that the Mayor draft
a letter to the Federation of La-
bor indicating willingness explain-
ing our legal position to cooperate
up to a point to stay within legal
bounds. Seconded by Councilman
Rean. Carried by the following
vote
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Yeas-Mayor Schreiber, Council-
men Rean, Schaller, Schueller, Ta-
koso
NaYs-None.
1961
To the Honorable
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the reports of
the City Auditor, City Treasurer,
City Health Department and City
Water Works for the month of
December, 1960, as well as list of
20,
January
Mayor
1961
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of Phillip Powers
requesting rezoning of a strip of
land adiacent to Old Timers Road
and south of Asbury Road to Local
January 20,
This question was passed on by
the Supreme Court of Iowa in the
case Diver vs. Keokuk Savings
Bank, City of Keokuk, et ai, 126
Iowa 691, 1905. A provision in the
contract for the improvement of
alleys and streets that the con-
tractor keep and employ only citi-
zens and residents of the City of
Keokuk and to purchase all ma-
terials of Keokuk manufacturers
or Reokuk merchants as far as
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practicable, was held to be invalid
by the Court as an unreasonable
condition and restriction tending
to increase the cost of the work.
In the case of George A. Miller,
et al vs. The City of Des Moines,
143 Iowa 409, 1909, the Supreme
Court of Iowa stated the fact that
while the City Council made no
reference to the employment of
union labor, either in its resolu-
tions, notice to bidders or contract
with the successful bidder such
was not contrOlling on the ques-
tion of discrimination, where it
was otherwise clearly shown that
such was the test in fact applied
in awarding the contract rather
than the character and responsi-
bility of the bidders. Nor is it ma-
terial that the amount involved in
the controversy is insignificant
when compared with the city's re-
sources, or that the city officials
acted in good faith in awarding
the discriminatory contract. Such
discrimination tends to monopoly
and involves a denial of equality
or right and opportunity. In this
case a contract for printing was
awarded by the City Council of
Des Moines to a higher bidder be.
cause it was the lowest among
those bidders employing union la-
bor; there were lower bidders em-
ploying non-union labor whose
bids were rejected.
In the ease of Weiss vs. Town of
Woodbine, 228 Iowa I, 1940, the
Supreme Court of Iowa restated
the position of the Court that the
purpose of competitive bidding is
that those who are to be required
to pay the expense thereof shall
be given the best work at the low-
est practical price; competitive
bidding is required to obtain con-
tracts at the most reasonable, eco-
nomical and practical cost in hav-
ing the work economically done.
In the case of Iowa Electric CO.
VS. Town of Cascade, 227 Iowa 480
where the specification in con-
tract for public improvement con-
tained minimum wage scale, which
scale was higher than that paid
local labor, cited numerous cases
with approval which held that
imposing a minimum wage or a
fixed wage scale in public con-
tracts was illegal. In this case,
however, the Supreme Court held,
that while it still approved the
rule that such provisions have a
,
1961
9,
Session, February
CITY COUNCIL
32
Adiourned Regu
ruary 9, 1961.
Council met at 7:30 P.M,
Present-Mayor Schreiber, Coun-
cilmen Rean, Schaller, Schuener,
Takos. City Manager Gilbert D.
Chavenelle.
Feb.
Adjourned Regular
OFFICIAL
lar Session,
1961
Hon. Mayor
Dubuque, Iowa
Gentlemen:
At a recent City of DUbuque
Council meeting the question was
raised whether a provision could
be inserted in contracts between
the City and contractors, in pub-
lic improvements requiring the
contractor to employ Dubuque la-
bor.
January 23,
and City Council
35
in an un-named amount for per-
sonal injuries received by said
John Kramer as the result of a
fall south of the 15th street steps
on January 2, 1961, presented and
read. Councilman Schaller moved
that the notice of claim be referred
to the City SoHetor for investiga-
tion and report. Seconded by Coun.
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Notice of claim of Mathilda A.
Wild, in an un-named amount, for
personal injuries received in a fall
on a defective sidewalk at or near
690-98 Main Street on January 5,
1961, presented and read. Council-
man Schaller moved that the notice
of claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Takas.
Carried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Notice of Suit of Doris Sundberg,
in the amount of $16,000 for per-
sonal injuries received in a fall
on the east side of Jackson Street
on February 7, 1960, presented and
read. Councilman Schaller moved
that the notice of suit be referred
to the City Solicitor for investtiga-
tion and report. Seconded by Coun-
cilman Takos, Carried by the fol.
lowing vote:
Yeas-Mayor Schreiber, Council.
Kean, Schaller, Schueller, Ta-
men
koso
Nays-None.
Notice of claim of Mrs. Robert
G. Ogaard, in an un-named amount
for personal injuries received in
a fall in the parking lot at 9th
& Bluff street on January 19, 1961,
presented and read. Councilman
Takos moved that the notice of
claim be referred to the City So-
licitor for investigation and report.
Seconded by Mayor Schreiber. Car.
ried by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None,
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1961
9,
Adjourned Regular Session, February
settlement in the amount of $75,00
be accepted and that the City Audi-
tor be instructed to draw a warrant
payable to Mrs. Loretta Donahue
and, Kenline, Roedell, Hoffmann &
Reynolds, her attorneys and to de.
liver the same upon receipt of a
duly executed release.
Original claim is attached hereto.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Takas moved that
the recommendation of the City
Attorney be approved and the Audi-
tor instructed to issue a warrant
payable to Mrs. Loretta Donahue
and Kenline, Roedell, Hoffmann &
Reynolds, her attorneys and deliver
the same upon receipt of a duly
executed release. Seconded by
Councilman Kean. Carried by the
fcllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Notice of Suit of Joan M. Saul, in
the amount of $3100. plus costs as
the result of personal injuries re-
ceived in a fall at the City Hall on
January 23, 1959, presented and
read. Councilman Schaller moved
that the notice of Suit be referred
to the City Solicitor for investiga-
tion and report. Seconded by Mayor
Schreiber, Carried hy the following
vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
.
':-
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Nays-None.
Notice of claim of Donald D.
Feltes, in the amount of $7,00, for
broken dishes as the result of blast.
ing done by Hennessey Bros. duro
ing the construction of the Kauf-
mann Avenue sewer on January
16, 1961, presented and read. Coun.
cilman Schaller moved that the
notice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Mayor Schrei-
ber. Carried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Notice of claim of Clarence W.
Kramer, guardian of John Kramer,
.
Councilman Schaller moved that
the report be received and filed.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
January 31, 1961
Hon, Mayor & City Council
City Hall, Dubuque, Iowa.
Gentlemen:
On Jsnuary 16, 1961, Neil Hart.
ford of 431 Loras Blvd" Duhuque,
Iowa, filed his claim against the
City of Dubuque in the amount of
$12.50 for damages to his vehicle
by reason of striking a chuck hole
in the street at the intersection of
Catherine SI. and W, 17th St.,
which damage was allegedly suf-
fered on December 27, 1960.
I have made an investigation of
this claim and find that there was
no actionable negligence on the
part of the City of Dubuque and
therefore recommend that said
claim be denied.
Original claim is returned here-
with,
Respectfully suhmitted,
R. N. Russo
City Attorney
Councilman Takos moved that
the recommendation of the City
Attorney be approved, Seconded by
Mayor Schreiher. Carried by the
following vote:
Yeas-Malor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
February 1, 1961
Hon. Mayor and City Council
Dubuque, Iowa
Gentlemen:
On May 31, 1960, Mrs. Loretta
Donahu ~ filed her claim for dam.
ages in the amount of $900.00 by
reason of a fall on May 7, 1960,
on an alleged defective sidewalk
at or near 2083 Central Ave., Du-
buque, Iowa, at a point where the
brick sidewalk joined the cement
sidewalk on the west edge of said
sidewalk.
I have made an investigation of
this matter and have conferred
with the attorney for the claimant
who has made an offer of settle-
ment in the amount of $75.00,
It is the recommendation of the
City Attorney that said offer of
9, 1961
Adjourned Regular Session, February
February 8, 1961
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit to you the
report of the Audit for the City of
Dubuque Water Department for
the calendar year 1960.
Respectfully submitted,
Gilbert D, Chavenelle,
City Manager
Councilman Takos moved that
the reports be received and filed.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schreiber,
Takos.
Nays-None.
Proof of Publication, certified
to by the Puhlisher, of Statement
of Receipts and a list of claims
for which warrants were issued for
the month of December 1960, pre.
sented and read.
Councilman Takos moved that
the proof of publication be reo
ceived and filed. Seconded by
Councilman Schaller. Carried by
the fOllowing vote:
Yeas-Mayor 'Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
Fehruary
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the Annual
Reports of the City Auditor, City
Treasurer and City Health Depart-
ment for the fiscal year beginning
January 1, 1960 and ending Decem-
ber 31, 1960,
Respectfully submitted,
Gilbert D, Chavenelle,
City Manager
Councilman Takas moved that
the reports be received and filed.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas--Mayor Schreiber, Council.
men Kean, Schaller, Schueller.
Takos.
Nays-None.
1961
34
claims and payrolls for
rants were issued for
of December, 1960.
Respectfully submitted,
Gilbert D, Chavenelle,
City Manayer
which war.
the month
1,
~
by Councilman
the following
37
OROINANCE NO. 5-61
An Ordinance Amending the
Zoning Map and Zoning Ordinance
of the City of Dubuque, Iowa, as
provided by Ordinance N Q. 3-34,
designated the Zoning Ordinance,
so as to change the herein de-
scribed area (Lot 1 of Conners
Grandview Plaee) from Single
Family Residence District Classi-
fication to Multiple Family Resi-
dence District Classification, pre-
sented and read.
Councilman Schueller moved
that the reading iust had be con.
sidered the first reading of the
Ordinance. Seconded by Council-
man Schaller. Carried by the fol.
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Councilman Schueller moved
that the rules be suspended re-
quiring an Ordinance to be read
on three separate days. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Councilman Schueller moved
that a public hearing be held on
the Ordinance on February 27,
1961, at 7:30 o'clock P,M, in the
Council Chamber at the City Hall
and that the City Clerk be instruct-
ed to publish notice of the hearing
in the manner required by law.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
proved. Seconded
Kean. Carried by
vote:
Yeas-Mayor Schreiber, Councn
Kean, Schaller, Schueller
ORDINANCE NO. 6-61
An Ordinance Amending Ordi-
nance No. 53-55 of the City of Du-
buque, by Repealing Section 12
thereof and enacting a new Sec-
tion 12 in Lieu Thereof, presented
and read.
Councilman Schueller
that the reading just had
moved
be con-
Adjourned Regular Session, February 9, 1961
men
Takos.
Nays-None.
sidered the first reading of the
Ordinance. Seconded by Council-
man Schaller, Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller,
Takas.
Nays-None.
Councilman Schueller moved
that the rules be suspended requir-
ing an Ordinance to be read on
three separate days. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Councilman Schueller moved
that a public hearing be held on
the Ordinance on February 27,
1961, at 7:30 o'clock P.M. in the
Council Chamber at the City Hall
and that the City Clerk be instruct-
ed to publish notice of the hearing
in the manner required by law.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Planning & Zoning Commis-
sion has considered the petition of
Margaret J. Conners requesting re-
zoning of Lot 1 of Conners Place
to Multiple Family Residence Dis-
trict.
This area fronts on unopened Ro-
wan Street and is adj acent to
Grandview Park and to the rear of
dwellings on South Grandview Av-
January 20, 1961
enue.
The area due to its full frontage
on a major highway lends itself
better to Multiple Family develop.
ment rather than single family and
the Planning & Zoning Commission
recommends granting of the peti-
tion.
Respectfully submitted,
Dubuque Planning &
Zoning Commisison
By OWEN RlLEY, Sec.
Councilman Schaller moved that
the recommendation of the Plan-
ning & Zoning Commission be ap-
r
'1
.
OROINANCE NO. 4.61
An Ordinance Amending the
Zoning Map and the Zoning Ord-
inance of the City of Dubuque,
Iowa, as provided by Ordinance No.
3-34, designated the Zoning Ordin.
ance so as to change the here.
in described area (Blocks 9 to 19
of River Front Sub. No.3) from
Heavy Industrial District Classifi-
cation, to Restricted Industrial
Classification presented and read.
Councilman Schueller moved
that the reading just had he con-
This property is located on Ker-
per Boulevard and the Dock Com-
m i s s ion has recommended this
change.
The Planning & Zoning Com-
mission recommends the a b 0 v e
change in Zoning Classification.
RespectfUlly submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley,
Secretary
Councilman Schaller moved that
the recommendation of the Plan.
ning & Zoning Commission be ap-
proved. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Gentlemen:
Herewith submitted for your con-
sideration is amendment to the
Zoning Ordinance changing Blocks
9 to 19 in River Front Sub, No, 3
from Heavy Industrial District to
Restricted Industrial District Class-
ification.
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
1961
Councilman Schueller mover that
a public hearing be held on the
Ordinance on February 27, 1961,
at 7:30 o'clock p.m. in the Council
Chamber and that the City Clerk
be instructed to publish notice of
the hearing in the manner reo
quired by law. Seconded by Mayor
Schreiber. Carried by the following
vote:
January 20,
To the Honorable Mayor
and City Council
Dubuque, Iowa
1961
9,
Adjourned Regular Session, February
Ordinance No. 3-61
An Ordinance Amending the Zon-
ing Map and Zoning Ordinance of
the City of Dubuque, Iowa, as pro-
vided by Ordinance No. 3-34, desig.
nated the Zoning Ordinance, so as
to change the herein described area
(Lots 1 & 2 of Kelly Byrne Place)
from Multiple Family residence dis-
trict to Local Business District "AU
classification, presented and read.
Councilman Schueller moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Schreiber. Car-
ried by the following vote:
Yeas- Mayor Schreiber, Council-
men Kean, Schaller, Schueller Ta-
koso
Nays-None.
Councilman Schueller moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Mayor
Schreiber. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller Ta-
koso
Nays-None.
January 20,
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Francis E. Kelly
and William J. Byrne requesting
rezoning of Lots 1 and 2 Kelly
Byrne Sub. and supporting petition
of residents of Clara Street has
been considered by the Planning &
Zoning Commission.
Due to the nature and location
of this property it lends itself to
development other than residential.
The Planning & Zoning Com.
mission recommends the petition
be granted.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley,
Secretary
Councilman Schueller m 0 v e d
that the recommendation of the
Planning & Zoning Commission be
approved. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas - Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
1961
36
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Passed adopted and approved this
9th day of February A.D. 1961, t)y
unanimous roll call vote.
JOHN P. SCHREIBER, Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: Leo F. Frommelt
City Clerk
Published officialIy in The Tele-
,g-raph-Herald newsaper this 14th
day of February 1961.
LEO F. FROMMELT
City Clerk
39
9, 1961
Session, February
Passed, adopted and apvroved
this 9th day of February A.D.
1961, by unanimous roll call vote.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially in the Tele-
gravh-Herald newspaper this 14th
day of February 1961.
LEO F. FROMMELT,
City Clerk
Adjourned Regular
~
It. 2/14
Councilman Schueller moved the
adoption of the Ordinance. Second-
ed by Councilman Takos. Carried
by the fallowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Civil
the
ORDINANCE NO. 9.61
An Ordinance creating a
Defense Administration for
City of DUbuque, Iowa, to serve
in the event of major man-made
disasters or natural disasters; to
provide for a director and deputy
director thereof; to define the pow.
ers and duteis of a Director and
Deputy Director and to authorize
the receipt and expenditure of
funds incident to the administra-
tion thereof, presented and read.
Councilman Schueller moved
that the reading just had be Con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Takos. Carried by the follow.
ing vote:
Yeas-Mayor Schreiber, Council
Kean, Schaller, Schueller, Ta
Councilman Schueller moved
that the rules be suspended requir-
ing an Ordinance to be read on
three separate days. Seconded by
Councilman Takos. Carried by the
fOllowing vote:
Yeas - Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
ORDINANCE NO. 9-61
\n Ordinance creating a Civil De-
fense Administration for the City
of Dubuque, Iowa, to serve in
the event of major man-made
disasters or natural disasters; to
provide for a Director and Dep_
uty Director thereof; to define
the powers and duties of a Di-
rector and Deputy Dir~tor and
to authorize the receipt and ex-
penditure of funds incident to
the administration thereof.
men
koSo
Nays-None.
It. 2-14
Councilman Schueller moved
the adoption of the Ordinance. Sec.
onded by Mayor Schreiber. Carried
by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
NaYs-None.
ORDINANCE NO. 8-61
An Ordinance Amending Ordi-
nance No, 33-49 of the City of Dn-
buque, Iowa, by adding a new Sec-
tion 96 to Schedule VI thereof, pre-
sented and read.
Councilman Schueller moved
that the reading just had be con.
sidered the first reading of the
Ordinance. Seconded by Council.
man Takos. Carried by the follow-
ing vote
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Councilman Schueller moved
that the rules be suspended re-
quiring an Ordinance to be read on
three separate days. Seconded. by
Councilman Takas. Carried by the
fOllOWing vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
ORDINANCE NO. 8.61
A.n Ordinance Amending Ordinance
No. 33-49 Of The City of Du~
buque, Iowa, by adding a new
Section 96 To Schedule VI There_
of
Now Therefore Be It Ordained By
The City Council Of DUbuque,
Iowa:
Section 1. That Ordinance No.
33-49 be and the same is hereby
amended by adding a new Section
96 to Schedule VI thereof as fol~
lows:
"Schedule VI.
96. The north side of 'Vest
Third Street between Central
A venue and Iowa Street."
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Councilman Schueller moved
the adoption of the Ordinance. Sec-
onded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
ORDINANCE
"
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NO. 7-61
An Ordinance Amending Ordi.
nance No. 33-49 of the City of Du-
buque, Iowa, by Repealing Section
16.35 thereof and by enacting a
new Section 16.35, presented and
read.
Councilman Schueller moved
that the reading just had be con.
sidered the first reading of the
Ordinance. Seconded by Mayor
Schreiber. Carried by the follow-
ing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Councilman Schueller moved
that the rules be suspended re-
quiring an Ordinance to be read
on three separate days. Seconded
by Mayor Schreiber. Carried by the
following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
NaYs-None.
ORDINANCE NO. 7.61
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 OF
THE CITY OF DUBUQUE,
IOWA, BY REPEALING SEC-
TION 16.35 THEREOF AND
BY ENACTING A NEW SEC-
TION 16.35.
NOW THEREFOR BE IT OR-
DAU,TED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Ordinance No.
33-49 be and the same is hereby
amended by rel1eaIlng Section 16.35
thereof and by enacting a new Sec-
tion 16.35 as follows:
"Section 16.35. After signs have
been erected giving notice
thereof. it shall be unlawful to
park any vehicle on Friday,
between the hours of 8 A.M.
and 12 Noon, on the west side
of Elm St. between its inter-
section at Twentieth Street to
its intersection at Twenty-
Second Street. or on the east
side of Washington Street
where it intersects at Twen-
tieth St. to the intersection of
TwentY-Fifth St., or on White
St. where it intersects at
Twentieth Street to Its inter-
section at Twenty-S e con d
Street, or on Jackson Street
where it intersects Twentieth
Street to its intersection at
Twenty-Second Street."
~.
Adjourned Regular Session, February
sidered the first reading of the
Ordinance. Seconded by Council-
man Schaller. Carried by the fol.
lowing vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
IIII
Councilman Schueller moved
that the rules be suspended reo
quiring an Ordinance to be read
on three separate days. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
ORDINANCE
NO. 6.6
ORDINANCE AM E N 01 N G
ORDINANCE NO. 53-55 OF
THE CITY OF DUBUQUE,
BY REPEALING SECTION 12
THEREOF AND ENACTING
A NEW SECTION 12 IN LIEU
THEREOF:
NOW TH.EREFORE BE IT OR-
DAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Ordinance No.
53-55 of the CIty of DUbuque be
and the same is hereby amended
by repealing Section 12 thereof and
by enacting a new Section 12 in
lieu thereof as follows:
"Section 12. The provisions of
this Ordinance shall not apply
to judicial sales. sales by pub-
lic officers. sales by Executors,
Administrators or Guardians or
to auction sales regularly con-
ducted as part of and incidental
to the operation of an estab-
lished business, provided, how-
ever, that the merchandise
auctioned for sale be limited to
and restricted to secondhand or
used merchandise only, and
such fact prominently display-
ed at such auction sales."
Section 2. This Ordinance shall
be in full force and effect from
and after its final passage. adop-
tion and publication as by law
provided.
Introduced the 9th day of Febru-
ary, 1961.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 9th day of Febru-
ary, 19-61.
Passed by recorded roll call vote.
adopted and approved this 9th
day of February, 1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially In the Tele~
graph-Herald Newspaper this 14th
day of February 1961.
LEO F. FROMMELT,
City Clerk
2-14
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41
Schueller, Ta-
Petition of Neil Herburger et al
residents of the 3200 block on As-
bury voicing no objections to re-
Petition of United Spanish War
Veterans requesting permission to
sell carnations on April 28 and 29
and May 1, 1961, presented and
read. Councilman Schueller moved
that the petition be granted pro-
viding there are no conflicting
dates. Seconded by Mayor Schrei-
ber. Carried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays--None.
Petition of Daughters of Union
Veterans of the Civil War request.
ing permission to hold a tag day
on May 5, 6 and 8th, 1961, pre.
sented and read. Councilman
Schueller moved that the petition
be granted providing there are no
conflicting dates. Seconded by Ma.
yor Schreiber. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Petition of Roy B. Baker et al
requesting the installation of
storm and sanitary sewers on the
upper end of Shiras Avenue, pre-
sented and read. Councilman
Schaller moved that the petition
be referred to the City Manager
and Engineering Department. Sec-
onded by Councilman Kean. Car-
ried by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Petition of Mrs. Roy A. Sarazin
et al requesting the erection of a
street light on Kirkwood Avenue
between Cox and Blake streets,
presented and read. Councilman
Schueller moved that the petition
be referred to the City Manager
and Electrical Inspector for inves.
tigation and report. Seconded by
Mayor Schreiber. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
1961
Schaller,
9,
Adjourned Regular Session, February
men Kean,
koso
Nays-None.
Councilman Schueller moved
the adoption of the Ordinance. Sec-
onded by Councilman Takas. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
An Ordinance Amending Dock
Board Ordinance No.1-57 by Re-
pealing Section 4 thereof and by
enacting a New Section 4 in lieu
thereof, presented and read.
Councilman Takas moved that
the Ordinance be received and
filed after proper publication. Sec-
onded by Councilman Kean. Car-
ried by the fOllowing vote:
Yeas-Mayor Schreiber, Council
DOCK BOARD ORDINANCE
NO. 1-61
AN ORDINANCE AM END I N G
DOCK BOARD ORDINANCE
NO.1-57 BY REPEALING SEC_
TION 4 THEREOF AND BY
ENACTING A NEW SECTION 4
IN LIEU THEREOF.
BE IT ORDAINED BY THE
DOCK BOARD OF THE CITY
OF DUBUQUE, IOWA;
section 1. That Dock Board Or-
dinance No.1-57 be and the same
is hereby amended by repealing
Section 4 thereof and enacting a
new Section 4 in lieu thereof:
"Seetin... 4. Mooring permits
may be obtained from the Dock
Board by making application
ther~for on forms provided by the
Dock Board Manager and paying
an annual permit fee as follows:
(a) For commercial space:
1. $2.00 per linear foot per
year for space rented In
open waters and unsheltered
areas,
2. $4.00 per linear foot per
year tor space rented in
sheltered waters and shelter-
ed harbors.
(b) For Pleasure craft space:
1. $1.00 per linear foot per
year for space rented in open
w ate r sand unsheltered
areas,
2. $2.00 per linear foot per
year for space rented in
sheltered waters and shelt-
ered harbors."
Section 2. The Secretary Is here-
by directed to cause a certified
copy of this Ordinance to be
transmitted to the City Clerk and
to keep a copy of the same posted
in a conspicuous place in the of-
fices of the Dock Board.
Passed and adopted this 23rd
day of January, A.D. 1961.
ARNOLD A. CAITHAM,
President
J. :T. "\\T ALTZ, Secretary
IRVIN OETH, Commis-
sioners
Attest: :T :T. 'VaItz, Secretary.
Published officially in the Tele-
graph-Herald Newspaper this 14th
day of February 1961.
LEO F. FROMMELT,
't 2/14 City Clerk.
DOCK BOARD ORDINANCE
NO. 1.61
t
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9, 1961
ate fund any reimbursement by
the State to the City of Dubuque
for expenses incident to training
members of the civil defense, com-
pensation for services and ex-
penses of members of a Mobile
Support Team while serving out-
side the municipality in re':3ponse
to a call by the Governor or State
Director of Civil Defense, as pro-
vided by law, and any other re-
imbursement made by the State
incident to civil defense activities,
as provided by law.
Section 8. (Purchases and Ex-
penditures) The City Council of
Dubuque may on recommendation
of the Director of Civil Defense,
authorize any purchase or con-
tracts necessary to place the
municipality in a position to com-
bat effectively any disaster re-
sulting from the explosion of any
nuclear or other bomb or missile,
and to protect the public health
,;no safety, protect property, and
provide emergency assistance to
victims in the case of such dis-
aster, or from natural disaster.
Section 9. (Oath) Every person
appointed to serve in any capacity
in the municipal civil defense or-
ganization shall, before entering
upon his duties, subscribe to the
following oath, which shall be
med with the Direct0r:
"I .... ."_ _..........., of the Civil
Defense Organization of Dubuque,
Iowa, do solembnly swear (or af-
firm) that I wlll support and de-
fend and bear true faith and al-
legiance to the Constitution of
the United States and the Con-
stitution of the State of Iowa, and
the territory, institutions and
facilities thereof, both public and
private, against all enemies, fore-
ign and domestic; that I take this
oblig-ation freely, without any
mental rt'servation or purpose of
eya"ion; and that I will well and
faithfully discharge the duties
upon which I am about to enter,
and I do further swear (or affirm)
that T do not advocate, nor am
I nor have I been a member of
any political party or organiza-
tion that advocates the overthrow
of the government of the United
States or of this State by force
or violence; and that during such
time as I am affiliated with the
Civil Defense Organization, I wlll
not advocate nor become a mem-
her of any political party or or-
grmization that advocates the over-
throW of the government of the
enited States or of this State
hy force or violence."
Section 10. The Dubuque Cit;l-'
Council may appropriate and ex-
v~nd public funds for the pur-
p')ses of civil defense as is by
111 w provided.
Passed, adopted and approved
this 9th day of February, A.D.
, !.Hil by unanimous roll call vote.
JOHN P. SCHREIBER,
Mayor
LEO N. SCHUELLER,
LOUIS SCHALLER,
JAMES J. KEAN,
PETER :T. TAKOS,
Councilmen
Tele-
14th
Leo F. Frommelt,
City Clerk.
Published officially in the
graph-Herald newspaper this
dny of February, 1961.
Leo F. Frommelt,
City Clerk.
Adjourned Regular Session, February
2/14
AUf'S
1IIII
It,
Be It Ordained by the City
Council, City of Dubuque, Iowa:
Section 1. (Establishment) There
is hereby created the local mu-
nicipal civil defense organization
to prevent, minimize, repair, and
alleviate injury or damage result-
ing from disaster caused by enemy
attack, sabotage, or other hostile
action, or from natural disaster,
ill accordance with "The Iowa
Civil Defense Act of 1959," as
amended.
This civil defense organization
l:\hall consist of the Director and a
Deputy Director and additional
members to be selected by the
Director.
Section 2. The Director and
Deputy Director of the Dubuque
Civil Defense Organization shall
be appointed by the City of Du-
huque City Manager.
'I'he Director and Deputy Di-
rector shall have the direct re-
f<ponsibility for the organization,
administration, training and opera-
tion of the Civil Defense Organiza-
tion, subject to the direction and
control of the City Council of Du-
buque.
Tn the event of the absence,
re'"ignation, death or inability to
!'IE-rve, of the Director, the Deputy
Director shall be and act as di-
rector until a new appointment is
made as provided in this Or~
dinance.
Section 3. The Dubuque Civil
Defense Organization shall perform
such civil defense functions within
the City of Dubuque as shall be
pn-scribed in and by the State
Civil Defense Plan and Program
prf2pared by the Iowa Civil De-
fE-nse Administration and such
orders, rules and regulations as
may be promuigated by the Gov-
ernor of the State of Iowa.
Section 4. The Director of Civil
Defense Organization may negoti-
ate Mutual Aid agreements with
other municipal corporations or
political subdivisions of the State,
but no such agreement shall be
effective until it has been ap-
proved by the Dubuque City
council and by the State Director
of Civil Defense.
Section 5. If the Governor de-
clares that a civil defense emerg-
en{'y exists in the event of actual
enemy attack upon the United
States or the occurrence within
the State of Iowa of major disaster
resulting from enemy sabotage or
other hostile action or from
natural disaster, it shall be the
duty of the Dubuque Civil De-
fense Organization to cooperate
fully with the State Office of Civil
Defense Administration and with
the Governor in the exercise of
e-mergency powers as provided by
law.
Section 6. Members of the Civil
Defense Organizations who are
paid employees or officers of the
City of Dubuque, if called for
t,aining by the State Director of
Civil Defense, shall receive for
time spent in such training the
~'ame rate of pay as is attached to
the position held; members who
are not such municipal employees
or officers shall receive for such
training time such compensation
as may be established by the Du-
buque City Council.
Section 7. (Reimbursement by
State) The City Treasurer may re-
ceive and allocate to the appropri-
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labor and materials and performing
the work as provided for in the
plans and specifications; now there.
fore,
BE IT RESOLVED by tbe City
Council of the City of Dubuque that
the contract for the above mention-
ed improvement be awarded to
Thos. Flynn Coal Company Du.
buque Iowa and the Manager be
and he is hereby directed to ex-
ecute a contract on behalf of the
City of Dubuque for the complete
performance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
1961
Adjourned Regular Session, February 9,
to Lot N", 2 of 1 of 3 of M. L, 261,
presented and read. Councilman
Takos moved that the proof of pub-
lication be received and filed. Se-
conded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
file for
9th day
SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest LEO F. FROMMELT
City Clerk
Councilman Schreiber moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Carried
by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
RESOLUTION NO. 21-61
WHEREAS, the City Manager has
heretofore entered into a contract
for and on behalf of the City of
Dubuque, Iowa, with Dale B. Wie-
gand for the Purchase of Lot 2
of Lot 1 of Lot 1 of Lot 1 of Min-
eral Lot 337 in the City of Dubuque,
Iowa, according to the recorded
plat thereof, consisting of approxi-
mately six (6) acres more or less
for the sum of Two Thousand
($2000.00) Dollars per acre or a
total amount of Twelve Thousand
($12,000,00) Dollars at the request
and direction of the Dubuque Re-
creation Commission, and
WHEREAS, the purchase of said
real estate is in the best public
interest.
and placed on
this
Approved
one week.
Passed and adopted
of February, 1961.
JOHN P.
1961
Ti the Honorable
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 a.m, Monday, February 6,
1961, for the Wilbricht Lane Sani.
tary Sewer. The lowest bid was
submitted by the Thos. Flynn Coal
Company. Their bid was 8,65%
under the estimate. A tabulation of
the bids submitted is attached,
I recommend that the contract
for the improvement be awarded to
the Thos. Flynn Coal Company.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takos moved the ap-
proval of the recommendation. Se-
conded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
RESOLUTION NO. 20-61
(Awarding Contract)
Whereas, sealed proposals have
been submitted by contractors for
the construction of an eight inch
(8") sanitary sewer beginning at
the existing sanitary sewer in St.
Anne's Drive, thence northerly
through Lot 2 of 1 of Lot 1 of
Chaney Place to Lot No, 1 of Lot 2
of Wilbricht Place, thence westerly
to Lot No, 2 of Lot 1 of Lot 3 of
Mineral Lot 261.
pursuant to Resolution No. 6-61 and
notice to bidders publiShed in a
newspaper published in said City
on January 6, 1961 and January 13,
1961; and
WHEREAS, said sealed proposals
where opened and read on Feb-
ruary 6, 1961, and it has been deter.
mined that the bid of Thos. Flynn
Coal Company of DUbuque, Iowa
in the amount of $2480.25 was the
lowest bid for the furnishing of all
6,
February
Mayor
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petition be referred to the Planning
& Zoning Commission. Seconded by
Councilman Takas. Carried by the
following vote:
Yeas-Mayor
men Kean, Sch
koso
Nay'
~None.
Petition of Hartmann Construc-
tion Co. requesting the vacation of
an existing un-named street and
alley in Hartmann Subdivision on
Broadway Extension, presented and
read. Councilman Takos moved that
the petition be referred to the Plan-
ning and Zoning Commission. Se-
conded by Councilman Takos. Car-
ried by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Petition of C. J. May Jr. in behalf
of George A. Saffran requesting
the erection of street lights in
Marycrest Subdivision, comprised
of Mesa Drive, Altura Drive, and
Cerra Drive, presented and read.
Councilman Schaller moved that
the petition be referred to the
City Manager and Electrical In-
spector for investigation and re-
port. f:econded by Councilman
Kean. Carried by the fOllowing
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Petition of Delbert & Mary Hay-
ford requesting rezoning of LoU
of 1 of 1 of 1 of 1 of Slattery's
Subdivision to Local Business Dis-
trict "A" classification, presented
and read. Councilman Takas moved
that the petition be referred to the
Planning & Zoning Commission.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice to Con.
tractors of the receipt of proposals
for the construction of the Wil.
bricht Lane Sanitary Sewer begin-
ning at the existing sanitary sewer
in St. Anne's Drive, thence north-
erly through Lot 2 of 1 of 1 of
Chaney Place to Lot No. 1 of 2 of
Wilbricht Place, thence westerly
1961
Schreiber, Council-
aller, Schueller, Ta-
Adjourned Regular Session, February
zoning Lots 1 & 2. Neil Place and
Lot 1 of 1 of 1 of 2 of 2 of 3 of 1
in Highland Farm to Local Busi-
ness District A presented and
read. Councilman Takos moved
that the petition be referred to
the Planning & Zoning Commis.
sion. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
Kean, Schaller, Schueller, Ta.
--
men
koso
Nays-None.
Petition of William T. Connery
& Eldon T. Herrig requesting the
grading, curb and gutter, of Sam-
uel Street from Levi and Samuel
to Southern Avenue, presented
and read. Councilman Takas
moved that the petition be referred
to the 1961 curb and gutter street
improvement program. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Petition of M. P. Hogan Insur~
ance agent requesting release of
an excavation bond issued by the
American Surety Co., in behalf of
Saffran Construction Company,
dated Aprii 30, 1953, presented and
read. Councilman Takos moved
that the request be granted. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Petition of Dubuque Plumbing &
Heating Co. requesting permission
to excavate in the streets and al-
leys of the City, presented and
read. Councilman Schaller moved
that the petition be granted. Sec-
onded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Petition of North End Auto
Wrecking Co. requesting the exten-
sion af the Light Industrial District
Zoning Classification to include Lot
1 of 2 of 1 of 1 of 1 of Heim's Sub-
division, presented and read. Coun-
cilman Schueller moved that the
42
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45
(Necessity for Improvement:
RESOLUTION NO. 25-61
WHEREAS, proposed plans, spec.
ifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
iu the office of the City Clerk
showing among other things the
fOllowing.
1. The size and kind,
2. An estimate of the cost of the
proposed improvement.
for the construction of a Storm
Water Pumping Unit and all ap.
purtenances to be installed and
placed in operation at the existing
pumping station on the City of
Dubuque Flood Control Levee be.
tween 12th St. and 16th St.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable and
necessary for the pUblic welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the cost of improvement, they shall
be deemed to have waived all ob-
jections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the. City
Clerk. That the cost and expense
of making said improvement will
be paid from the City of Dubuque
1960 Storm Sewer proiect.
Passed ,adopted and approved
this 9th day of February. A,D. 1961,
by unanimous roll call vote.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOU1S SCHALLER
JAMES J. KEAN
PETER J, TAKOS
Councilmen
Attest: LEO F, FROMMELT.
City Clerk
Mayor Schreiber moved the adop-
tion of the resolution. Seconded by
Councilman Takas. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
RESOLUTION NO. 24-61
~
The, above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
9th day of February, 1961.
placed
file
Approved and
for final action.
Approved:
JOHN P. SCHREIBER
Mayor
LEO N. SCIillELLER
LOlliS SCHALLER
JAMES J. KEAN
PETER J, TAKOS
Councilmen
LEO F. FROMMELT,
City Clerk
on
Attest:
Section 1. That the City Clerk be
and he is hereby ordered to publiSh
notice of proposal to dispose of
real estate, and receipt of sealed
bids for the purchase thereof, and
that the date of hearing on said
proposal to dispose of real estate
be and the same is fixed for the
6th day of March, 1961. at 7:30
o'clock ,p.m. in the City Council
Chamber in the City Hall in the
City of Dubuque, Iowa.
Passed adopted and approved
this 9th day of February A. D,
1961, by unanimous roll call vote.
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOlliS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Couneilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays~None.
February
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I have received a recommenda-
tion from the Fire Chief for the
purchase of a 1000 G.P .M, Pumping
Engine which is included in the
budget for 1961.
I concur in the recommendation
and request the, Council to author-
ize advertising for sealed bids to
be received at 10:00 A.M, March
6,1961.
9, 1961
Adjourned Regular Session, February
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the expenditure
of the sum of Twelve Thousand
($12,000.00) Dollars drawn from the
Rafferty Park Land Sales Fund for
the purchase from Dale B. Weigand
of the real estate hereinabove de-
scribed, be and the same is hereby
approved.
Section 2. That delivery of War-
ranty Deed executed by Dale B,
Wiegand conveying to the City of
Dubuque, Iowa, the real estate
hereinabove described, be and the
same is hereby accepted and the
City Clerk is ordered to record
said Warranty Deed in the office
of the Dubuque County Recorder.
,
Preliminary estimate and the
proposed plans, specifications, form
of contract, and all other docu-
ments for the construction of a
storm water pumping unit and all
appurtenances to be installed and
placed in operation at the existing
pumping station on the City of Du-
buque Flood Control Levee be-
tween 12th Street and 16th Street,
at an estimated cost of $73,320"
presented and read.
Councilman Schueller moved the
adoption of the resolution. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
RESOLUTION NO. 22-61
WHEREAS the City of Dubuque,
Iowa, is the owner of the fOllowing
described real estate:
Respectfully submitted,
Gilbert D, Chavenelle
City Manager
Mayor Schreiber moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller,
Takos,
Nays-None.
RESOLUTION NO. 23-61
WHEREAS IT BEING REPRE.
SENTED TO THE COUNCIL
THAT THE FIRE DEPARTMENT
1961
Adjourned Regular Session, February 9,
OF THE CITY OF DUBUQUE IS
IN NEED OF A TRIPLE COM.
BINATION PUMPING FIRE EN-
GINE.
NOW THEREFORE. BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That spe.cifications be
prepared for the type and quality
of fire engine best suited for the
needs of the City of Dubuque which
specifications shall be prepared by
the Chief of the Fire Department
and the City Manager.
Secllon 2. That the City Clerk be
and he is hereby dire.cted to ad-
vertise for bids and that the 6th
day of March, 1961 at 10:00 o'clock
A.M. be fixed as the date for tabu-
lation of said bids.
1961
1,
Passed adopted and approved
this 9th day of February, A. D,
1961, by unanimous roll call vote.
JOHN p, SCHREffiER
'Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the adop-
tion of the resolution. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos,
N ays--N one.
Lot One (1) of O'Hea Subdivision
in the City of Dubuque, Iowa,
and
WHEREAS the above described
real estate is no longer needed for
any public purposes; and
WHEREAS it would serve the
best interest of the public that
said above described real estate
be disposed of hy the City of Du-
buque, Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE C1TY OF DUBUQUE,
IOWA:
44
47
The plat has heen approved by
the Planning & Zoning Commission.
Respectfully submitted,
DUbuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Schaller moved that
the communication be received and
filed. Seconded by Councilman
Kean, Carried by the fOllowing
vote:
Yeas-Mayor Schreiber, Council
Kean, Schaller, Schueller, Ta.
9, 1961
Adjourned Regular Session, February
RESOLUTION NO. 27-61
WHEREAS, the City Council of
Dubuque, Iowa, on the 15th day
of April, 1960, caused to be issued
a Class "B" Beer Permit bearing
the number 38 to Louis J, Wright,
of Dubuque, Iowa, operating at
2600 Jackson S t r e e t, Dubuque,
Iowa; and
of
RESOLUTION NO. 28-61
RESOLUTION Approving Plat
"Kieffer Place"
WHEREAS there has been filed
with the City Clerk a plat in which
Lot CIA", Lot 1 of Lot 1, Lot 2 of
Lot 1, Lot 2 of Lot 2, Lot 1 of Lot
2, Lot 2 of Lot 3, and Lot 1 of Lot
3, each of "Joseph Vogt Subdivi-
sion" in the City of Dubuque, Iowa
is platted as "Kieffer Place" in
tbe City of Dubuque, Iowa,
and,
WHEREAS said plat has been
evamined by the City Plan Com~
mission and had its approval en-
dorsed thereon; and,
WHEREAS said plat has been
examined by the City Council and
they find the same conforms to
the Statutes and Ordinances re-
lating thereto;
NOW, THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
authorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this 9th day of February A.D" 1961.
JOHN p, SCHREmER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
men
koso
Nays-None.
WHEREAS, it has come to the
attention of the City Council that
the owner of said permit has for-
feited a $100,00 bond on charge of
violating Section 19 of Ordinance
9-35, same being the Beer Ordin-
anCe of the City of Dubuque, Iowa,
passed pursuant to Chapter 124 of
the Code of Iowa,
NOW, THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That Class "B" Beer Permit num.
ber 38 heretofore issued to Louis
J. Wright of Dubuque, Iowa, be
and the same is hereby revoked
and the Chief of Police is directed
to take up such permit forthwith
and return the same for cancel-
lation.
Passed, adopted and approved
this 9th day of Fehruary 1961, hy
roll call vote.
JOHN
p, SCHREmER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the adop-
tion of the resolution. Seconded
by Councilman Takos. Carried by
the fOllowing vote:
Yeas-Mayor Schreiber, Council.
men Rean, Schaller, Schueller, Ta.
kos, '
Nays-None.
~
1961
To the Honorable
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted for your con-
sideration is Final Plat of. Kieffer
Place. This subdivision is located
at Kaufmann Avenue and Kane
Street,
1961
resolution have on file with the
Clerk objections to the amount of
the proposed cost, they shall have
been deemed to have waived all ob-
pections thereto, at which hearing
the Council will hear such objec-
tions and enter on record its final
decision thereon.
Passed, adopted and approved
this 9th day of Fehruary, 1961.
JOHN P. SCHREmER
Mayor
Councilman Takos moved the ad-
option of the, resolution. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Schrl
men, Kean, Schall
Takos.
Nays-None.
Attest
20,
January
Mayor
9,
Session, February
Councilman Takos moved the ap-
proval of the resolution. Seconded
by Councilman Schueller. Carried
by the fOllowing vote:
Yeas - Mayor Schreiber, Coun-
cilmen Ke,an, Schaller, Schueller,
Takos.
Nays-None.
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
LEO F, FROMMELT,
City Clerk
~iber, Council
er, Schueller
I
,
1961
Gentlemen:
On January 16, 1961, Louis J,
Wright, 2600 Jackson Street was
charged with making beer available
to minors in violation of Section
19 of Ordinance 9-35.
On January 17, 1961, Louis J,
Wright forfeited a $100,00 bond in
the Police Court of the City of
Dubuque for violation of this ordin-
ance.
I therefore recommend that the
Class uB" Beer Permit, #38, issued
in the name of Louis J. Wright,
be revoked.
Respectfully submitted,
Gilhert D. Chavenelle
City Manager
Mayor Schreiher moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Adjourned Regular
46
Attest:
(Fixing Date of Hearing)
RESOLUTION NO. 26-61
WHEREAS, the City Council of
the City of Dubuque, Iowa has by
Resolution No. 24-61 given its pre.
liminary 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 construc-
tion of the Storm Water Pumping
Unit and all appurtenances to be
installed and placed in operation
at the existing pumping station
on the City of Dubuque Flood Con-
trol Levee between 12th Street
and 16th Street and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's of-
fice for public inspection,
BE IT THEREFORE RESOLVED
THAT 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 180 days after notice
to proceed is issued.
BE IT FURTHER RESOLVED
that on the 13th day of March,
1961, a public hearing will be
held at 7:30 o'clock P.M. in the
Council Chamber in the City of Du-
buque at which ttime, the owners
of property may appear and make
objection to the proposed plans and
specifications and proposed form
of contract and, to the cost of the
improvement, and to the passage
of the proposed Resolution of
Necessity, and the City Clerk be
and he is hereby directed to cause
a notice of the, time and place of
such hearing to be published in
some newspaper published in the
City of Dubuque, the last of which
shall be not less than two (2) nor
more than four (4) weeks prior to
the day fixed for its consideration
and unless property owners at the
time of final consideration of said
8,
Fehruary
l\~ayor
To the Honorable
and City Council
Dubuque, Iowa
6y
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BE IT RESOLVED by the City
Council of the City of DUbuque that
pursuant to a resolution of neces-
sity NO, 15.61 which was duly
passed by this Council for the con-
struction of the Fengler Street
Overpass and Approaches be and
the same are hereby ordered and
contructed by this Council upon its
own motion and with or without
the petition of property owners.
All the work shall be constructed
in accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk,
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid from
the Street Construction Fund and
the Chicago, Milkaukee, St. Paul
and Pacific Railroad Company as
per agreement as dated August 1,
1960, after the work has been com-
pleted and accepted by the City
Council.
51
1961
(Ordering Construction)
RESOLUTION NO. 33-61
WHEREAS, the City Council met
in special session this 20th day of
February, 1961, at 7:30 o'clock p.m,
at the Council Chambers in the
City Hall for the purpose of hearing
all interested parties and consid-
ering any and all objections which
have been filed to the proposed
plans, specifications or contract for
or cost of the improvement herein
described and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
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 20th day of February, 1961,
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
Attest: LEO F, FROMMELT,
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Mayor Schreiber. Carried
by the fOllOWing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller. Ta-
kos,
Nays-None.
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci~
fications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same are 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 of said improvement
be made a matter of pennanent reo
cord in connection with said im-
provement.
Passed, adopted and approved
this 20th day of February, 1961.
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J, TAKOS
Councilmen
LEO F, FROMMELT
City Clerk
I
.
lution have on file with the City
Clerk objections to the amount of
the cost of improvement, they shall
be deem~d 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~
fore by the City Engineer which
have been, approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve~
ment will be paid from the Street
Construction Fund and the Chicago,
Milwaukee, St. Paul and Pacific
Railroad Company as per agree.
ment dated August 1, 1960,
The above resolution was intro-
duced, approved and 0 r d ere d
placed on file with the City Clerk
this 16th day of January 1961,
Approved and placed on file for
final action.
~
1001
February
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to your directions, seal.
ed bids were received until 10:00
a.m, Monday, February 20, 1961,
for the Fengler Street Overpass,
20,
Attest:
Mayor Schreiber moved the adop-
tion of the resolution. Seconded
by Councilman Takos. Carried by
the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
,
Decision of. Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 32-61
WHEREAS, proposed plans and
specifications and form of contract
for the construction of the Fengler
Street Overpass and Approaches
have been approved by the City
Council of the City of Dubuque and
public notice given as provided by
Chapter 23 of the Code of Iowa,
1950, pertaining to public contracts
and bonds, and the time and place
fixed for the hearing of all ob.
jections to said plans, specifications
'@
For the Construction of the Feng.
ler Street Overpass and Approaches
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop.
erty owners, deems it advisable
and necessary for the public wel.
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed reso~
20,
Session, February
or contract for or cost of such im.
provements, said time being this
20th day of February, 1961; and
Special
1961
20,
Session, February
CITY COUNCIL
OFFICIAL
Special
50
20,
Council met at 7:30 p.m.
Present-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller
Takos. City Manager Gilbert D.
Chavenelle.
Mayor Schreiber read the call
and stated that service thereof
had been duly made and that this
meeting is called for the purpose
of considering the bids submitted
by contractors for the construction
of the Fengler Street Overpass
and Approaches and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Proof of Publication. certified to
by the Publisher, of Notice to con.
tractors of the reciept of proposals
for the construction of the Fengler
Street Overpass and Approaches,
presented and read. Councilman
Schueller moved that the proof of
publication be received and filed.
Seconded by Mayor Schreiber. Car.
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos,
Nays-None.
{Necessity for Improvement:
RESOLUTION NO. 15-61
W HER E A S, proposed plans,
specifications. for m of contract
have been duly prepared and ap-
proved by the City Council of the
City of Dubuque and are now on
file in the office of the City Clerk
showing among other things the
following:
1. The street to be improved.
2. The width of such improve~
ment.
3. An estimate of the cost of the
proposed improvement.
February
Session,
Special
1961.
RECORD OF FINAL ADOPTION
,
The foregoing resolution was fin~
ally passed and adopted. as pro~
posed, by the City Council this 20th
day of February 1961.
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second~
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller. Ta-
koso
Nays-None.
53
HEATING
Dubuque Plumbing & Heating
Co., American Casualty Company.
Dubnque Sbeet Metal Company,
Western Surety Company.
Lavern Ney, d/b/a Mid-Central
Heating Co., Western Surety Com-
pany, Continuation Certificate.
Robert G, Steeichen, d/b/a Ace
Plumbing & Heating Co., Western
Surety Company.
Respectfully submitted,
Gilbert D, Chavenelle,
City Manager
Mayor Schreiber moved that the
bonds and policies be filed subject
to the approval of the City Solici.
tor. Seconded by Councilman Ta-
kas. Carried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
for
Approved and placed on file
one week.
1961
To the Honorable
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the reports
of the City Auditor, City Treasurer,
City Health Department and City
Water Works for the month of
January, 1961, as well as list of
claims and payrolls for which war.
rants were issued for the month
of January, 1961.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
~
Councilman Takos moved that
the reports be received and filed.
Seconded by Mayor Schreiber. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta,
koso
Nays-....None.
Communication of William L.
Meyers of 320 King Street objecting
to the low water pressure existant
in the area, presented and read.
Councilman Schueller moved that
the communication be received and
filed. Seconded by Councilman Ta-
koso Carried by the following vote:
Yeas-Mayor Schreiber, Council~
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
20, 1961
Session, February
the work as provided for in the
plans and specifications; now there~
fore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above men~
tioned improvement be awarded to
Anton Zwack, Inc. and the manager
be and he is hereby directed to
execute a contract on behalf of
the City of Dubuque for the com-
plete performance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con~
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un-
success bidders.
17,
February
Mayor
Passed and adopted this 20th day
of February, 196!.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J. TAKOS
Councilmen
LEO F, FROMMELT
City Clerk
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, SChaller, Schueller, Ta-
koso
Nays-None.
February 17, 1961
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise that I have
approved the following bonds and
policies and desire to have your
approval on same, subject to the
approval of the City Solicitor:
EXCAVATION
Leonard J. Backes, d/b/a Bra-
conier Plumbing & Heating, POlicy
No. CGB 3779, Dubuque Fire &
Marine Ins. Co.
DUbuque Plumbing & Heating Co.
Policy No, CL 854707, Bituminous
Casualty Corp.
.
Special
~
1961
Inc. of Dubuque, Iowa in the
amount of $51,669.70 was the low-
est bid for the furnishing of all
iabor and materials and performing
the work as provided for in the
plans and specifications; now there-
fore,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the contract for the above men-
tioned improvements be awarded
to Anton Zwack, In'l, and the
Manager be and he is hereby di-
rected to execute a contract on be-
half of the City of Dubuque for the
complete performance of said work.
BE IT FURTIIER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to
return the bid deposits of the un-
successful bidders.
Attest:
Approved and placed on file for
one week.
Passed and adopted this 20th
day of February, 1961.
JOHN p, SCHREIBER
Mayor
LEO N, SCffiJELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Total Estimated Cost
Of Project ""."",.".......$140,670.36
A tabulation of the bids reo
ceived is attached.
I therefore recommend that the
contract for the Fengler Street
Overpass ApproaChes and Viaduct
be awarded to the Anton Zwack
Inc. of Dubuque, Iowa.
Respectfully submitted
Gilbert D. Chavenelle
City Manager
Councilman Schueller moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Schaller. Carried by
th~ following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
N ays--N one.
(Awarding Contract)
RESOLUTION NO. 34-61
WHEREAS, sealed proposals have
been submitted by contractors for
the construction of Fengler Street
Overpass-Approaches pursuant to
Resolution No. 16-61 and notice to
bidders published in a newspaper
published in said City on January
20th, 1961 and January 27, 1961,
and
WHEREAS, said sealed proposals
were opened and read on February
20, 1961, and it has been deter.
mined that the bid of Anton Zwack,
Session, February 20,
Bids were received for the Ap~
proaches and the Viaduct. The
lowest bid for both the Approaches
and the Viaduct was submitted by
Anton Zwack Inc., of Dubuque,
Iowa. Their bids are as follows:
Viaduct .,.",...",....."..,."..,$ 63,593,10
-7.11 % under the esti-
mate
Approach .."......"'."..,..".$ 51,669,70
+12.11 % over the esti-
mate
Total Construction Cost..$115,262.80
+0.62% over the esti-
mate
The Total Estimated Cost is as
follows:
Viaduct ........"...""."........$ 68,461.30
Approaches ."",,,.....,,,.,,,,,,,$46,088,50
Total Construction Cost
Of Project "...."".""".,,$114,549.80
Utility Relocation ......., 3,210,60
Engineering & Contin-
gencies . 20% ' 22,909,96
.
(Awarding Contract)
RESOLUTION NO. 35.61
WHEREAS, sealed proposals have
been submitted by contractors for
the construction of the Fengler
Street Overpass - Viaduct pursuant
to Resolution NO. 16~61 and notice
to bidders published in a news-
paper published in said City on
January 20th, 1961 and January 27,
1961; and
WHEREAS, said sealed proposals
were opened and read on February
20th, 1961, and it has been deter~
mined that the bid of Anton Zwack,
lnc. of Dubuque, Iowa in the
amount of $63,593,10 was the low.
est bid for the furnishing of all
labor and materials and performing
Special
52
55
Councilman Takas moved that
the recommendation of the City
ALttorney be approved and the
Auditor instructed to issue a war-
rant payable to Kenneth Horsfall
and Anita M. Horsfall, parents and
natural guardians of Paul Horsfall,
a minor, and Kenneth Horsfall and
Anita M. Horsfall, individually and
Louis F. Fautsch their attorney and
transmit same for delivery to the
County Attorney. Seconded by
Mayor Schreiber. Carried by the
following vote:
17, 1961
On April 20, 1959, Earl Shively
filed his claim in an unnamed
amount for personal injuries suf-
fered as a result of a fall on a
defective and ice covered side-
walk at 53 Locust St. on February
21, 1959. That as a result of his
injury Mr. Earl Shively incurred
hospital expenses of $1269,55.
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
That the said Earl S hive I y
through his attorney has made an
offer of settlement in the amount
of $1500.00 of which amount the
abutting property owner, Thomas
J, Hickey has agreed to pay the
sum of $750.00.
It is the recommendation of the
City Attorney that the offer of Mr,
Earl Shively to settle his claim for
damages in the amount of $1500.00,
of which amount City of DUbuque
is to pay $750,00 and the abutting
property owner to pay the amount
of $750,00 be accepted and that the
City Auditor be instructed to issue
a warrant in the amount of $750.00
payable to Mr, Earl Shively and
Alan E. Kean, his attorney, and to
transmit the same to the City At-
torney for delivery to the claimant
upon receipt of the contribution
of the abutting property owner of
the amount of $750,00 for delivery
to the claimant upon receipt of a
dUly executed release.
Respectfully submitted,
R. N. Russo
City Attorney
~
r
February
Honorable Mayor and
City Council,
DUbuque, Iowa
Gentlemen:
1961
N ays---.N one.
Session, February 20,
in letter of Hartmann Construction
Co. dated February 7, 1961.
RespectfUlly submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, secretary
Mr. Carl Hartmann addressed the
Council by stating that what it
amounts to is actually an exchange
of property which will be to the
betterment of all concerned, in the
development of the subdivision.
Councilman Schueller moved that
the recommendation of the Com-
mission be approved and proper
proceedings be prepared. Seconded
by Mayor Schreiber. Carried by the
following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
February 17, 1961
Honorable Mayor and
City Council
City of Dubuque
DUbuque, Iowa
Gentlemen:
On July 5, 1960, Kenneth Hors.
fall, father of Paul Horsfall. of
534 Lowell St., Dubuque, Iowa, filed
a claim in an unstated amount for
damages for personal injuries suf-
fered by the said Paul Horsfall in
falling from a broken guard rail in
the vicinity of 587 Clarke Drive in
the City of Dubuque, Iowa, on the
4th day of July, 1960.
I have conferred with Mr. Louis
F. Fautsch, attorney representing
the claimant, who has made an
offer of settlement in the amount
of $277,50, the said claimant having
incurred medical expenses in the
amount of $252.50.
It is the recommendation of the
City Attorney that said offer of
settlement of the above specified
claim in the amount of $277,50 be
accepted, and that the City Auditor
be instructed to issue a warrant to
Kenneth Horsfall and Anita M.
Horsfall, parents and natural guard-
ians of Paul Horsfall, a minor, and
Kenneth Horsfall and Anita M.
Horsfall, indiVidually and Louis F.
Fautsch, their attorney and to
transmit the same to the City At-
torney for delivery to claimant
upon receipt of a dUly executed
release.
Original claim is attached.
Respectfully submitted,
R. N. Russo
City Attorney
Special
\
1961
ceedings for the month of Nov-
ember 1960 be approved as printed.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
N ays---N one.
We are hereby
original petition.
Yours very truly,
Dubuque Planning & Zoning
Commission
By Owen Riley,
Mayor Schreiber moved that the
communication be received and
f i led. Seconded by Councilman
Schaller. Carried by the fOllowing
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
To the Honorable
and City Council,
16, 1961
February 16. 1961
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of Delbert Hayford
requesting rezoning of property on
the north side of University Ave-
nue at Alpine Street to Local Bus-
iness District A was withdrawn by
Mr. Hayford who stated he wished
no action taken on same.
returning
the
secretary
February
Mayor
Session, February 20,
Councilman Schueller moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Mayor Schreiber. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Mr. William L. Meyers addressed
the Council stating that the water
presssure at his home on King
Street is very irregular. He was
much concerned if there was a
good sized fire in the area. Some
of the deceased pressure was at-
tributed to the several water breaks
due to the construction of the
sewer on Kaufmann Avenue. Mr.
Meyers was told that construction
of a pressure tank is contemplated
for the park hilI area in 1962.
Communication of Everett Hau.
ber submitting for consideration
the feasibility of using the Gil-
bert Merritt property located at
the corner of 32nd street and Old
Timers Road, consisting of approx-
imately 93 acres, as a possible re-
creational area, presented and read.
Councilman Schaller moved that
the communication be referred to
the Recreation Commission. Se-
conded by Mayor Schreiber. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Special
54
.
Gentlemen:
The petition of Hartmann Con.
struction Co. requesting Vacation
of an unnamed street and portion
of an alley adjacent to Broadway
Extension has been considered by
the Planning & Zoning Commission.
This area has been examined by
the Commission and a preliminary
plat t hat contemplated the s e
changes was approved September
28, 1960.
Therefore the Planning & Zoning
Commission recommends that the
unnamed street and portion of alley
adiacent to Lot 1 of Lot 8 of Lot
3 of Mineral Lot 319 be vacated as
it has no publiC value, has never
been opened and will be replaced
by a new access alley and street
in a better location as indicated
in plat filed with this petition dated
January 31, 1961 and as indicated
Communication of Dub u que
Chamber of Commerce submitting
a resolution adopted by them on
February 16, 1961, as to the ur.
gency that everything possible be
done to accomplish the dredging
of the Dubuque Ice Harbor, pre-
sented and read. Councilman Takos
moved that action on the communi-
cation be referred to the subse-
quent meeting. Seconded by Mayor
Schreiber. Carried by the following
vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
Nays~None.
Printed council proceedings for
the month of November 1960, pre,
sented for approval. Mayor Schrei-
ber moved that the council pro-
IB'
57
Petition of Hillcrest Builders Inc.
requesting the installation of two
additional street lights in Key
Knolls Subdivision, presented and
read. Councilman Takas moved
that the petition be referred to the
City Manager and Electrical In-
spector for investigation and re-
port. Seconded by Councilman
Schueller, Carried by the fOllowing
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Petition of the Ladies of the
Grand Army of the Republic Shilch
Circle No. 37 requesting permission
to hold a tag day September 9,
1961, presented and read. Mayor
Schreiber moved that the petition
be granted providing there are
no conflicting dates. Seconded by
Councilman Kean. Carried by the
following vote
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Petition of Msgr. Joseph E. Dunn,
pastor of St. Columbkille's Parish
requesting that necessary steps be
taken to insure the construction
of the extension of Riker Street
to Rush Street, presented and read.
Councilman Schueller moved that
the petition be referred to tbe 1961
Street improvement program. Sew
conded by Councilman Takos. Car.
ried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
Nays-None.
Petition of Mrs. Earl Retten.
meier requesting the installation of
a street light on the corner of
Stafford and Hennepin Street, pre-
sented and read. Councilman Takos
moved that the petition be re-
ferred to the City Manager and
Electrical Inspector for investi.
gation and report. Seconded by
Mayor Schreiber. Carried by the
following vote:
Petition of A. L, Mutschler et al
objecting to the high gas rates in
the City and also submitting a table
of comparative rates of various
cities in Iowa, presented and read.
Mayor Schreiber moved that the
petition be referred to the City
Manager for investigation and reo
port. Seconded by Councilman
Schaller, Carried by the fOllowing
vote:
1961
20,
Special Session, February
Yeas-Mayor Schreiber, Council-
men Kean, SchaUer, Schueller, Ta.
koso
Nays-None.
Petition of F, F. Pike et al pro-
testing to the blocking of the alley
between Bluff and Locust Street
from 6th street south to the Mira.
cle Car Wash just off 3rd street,
presented and read.
Mr. Cy Lampe, representative
of the Fischer Investment Co., ad-
dressed the Council by objecting
to the blocking of the alley to the
rear of a tenement bUilding owned
by the Fischer interests and also
as to exhaust fumes from the cars
lined up to get to the Miracle
Car Wash. He further complained
that some of the tenants lost house.
hold pets as the result of the car
fumes. Mr. F. F. Pike addressed
the Council in support of the peti.
tion and requested that some con.
sideration be given to those people
who have lived in the area for
years.
Mayor Schreiber moved that the
petition be referred to the City
Manager for continued study. Sew
conded by Councilman Schaller,
Carried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
1961
Notice of claim of Joe Lusch-
inger, in the amount of $1200. for
damage to his car and also personal
injuries as the result of striking
a loose manhole cover in the 2900
block on Asbury Road on February
12, 1961, presented and read. Coun-
cilman Schueller moved that the
notice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Kean. Carried by tbe following
vote:
Dr. Johnston, owner of the Mira.
cle Car Wash, addressed the Coun-
cil by stating that they only use
the alley twice a week. He is trying
to maintain regUlatory traffic to
considerable expense to himself. He
further stated that he is trying to
reduce the inconvenience to a mini.
mum, and definite plans are under
way that would eliminate the use
of the alley.
I
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
Nays-None.
Copy of Notice of claim by Don.
aId C. Kratz, sent to Hennessey
Bros., for damage to his home
during the construction of the
Kaufmann Avenue Street sewer,
presented and read. Councilman
Schueller moved that the copy of
notice be referred to the City Solici-
tor for investigation and report.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Notice of claim of Dr. A. C. Piohl,
in the amount of $83.55, for ex.
pense incurred as the result of a
backed up sewer at 262 Fremont
on February 4, 1961, presented
and read. Councilman Schueller
moved that the notice of claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Petition of O'Connor, Thomas
McDermott & Wright attorneys,
requesting the issuance of a Quit
Claim Deed to Harry E. O'Connell
to clear up cloud on title to prop-
erty in UStouts Dubuque" Addition
to correct error which evidently
happened at the time a Tax Deed
was issued to the City, presented
and read. Mayor Schreiber moved
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Takos, Carried by the fOllowing
vote:
Nays-None.
Notice of claim of Miss Edna
Hantleman, in an unnamed amount,
for personal injuries received in
a fall on a defective sidewalk at
3rd and Bluff Street, on December
19, 1960, presented and read. Coun-
cilman Schueller moved that the
notice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
N ays--N one.
Notice of c 1 aim of Clarence
Blakeman, in an unnamed amount,
for personal injuries received in
a fall on a defective sidewalk at
12th and Iowa Street, presented
and read. Councilman Schueller
moved that the notice of claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Kean. Carried by
the folowing vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Notice of claim of Carolyn T.
Menke, in an unnamed amount,
for personal injuries received in
a fall on an icy crosswalk near
St. Patrick's Church on January 15,
1961, presented and read. Council.
man Schaller moved that the notice
of claim be referred to the City
Solicitor for investigation and
report. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None,
~
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None,
r
20,
Session, February
Mayor Schreiber moved that the
recommendation of the City At.
torney be approved and the Audi-
tor issue a warrant payable to Earl
Shively and Alan E. Kean, his at.
torney, in the amount of $750. and
transmit same to the City Attorney
for delivery. Seconded by Council.
man Takos. Carried by tbe follow.
ing vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta,
koso
Nays-None.
Special
56
.~.
M,q~~;:;,:.
(Fixing Date of Hearing)
RESOLUTION NO. 38-61
WHEREAS, the City Conncil 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 Grading of North Grandview
Avenue Extension from Sta. 30+00
to Sta. 39+50 which is the south
property line of Kaufmann Avenue.
59
20, 1961
Special Session, February
by the City Council of the City of
Dubuque and are now on file in
the office of the City Clerk showing
among other things the fOllowing:
1.: The street to be improved.
2. The width of such improve-
ment.
3. An estimate of the cost of the
proposed improvement.
Grand.
For the grading of North
view Avenue Extension.
BE IT THEREFORE RESOLVED
that on the 6th day of March, 1961,
a public hearing will be held at
7:30 p.m. in the Council Chamber
of the City of Dubuuque at which
time the objectors for the proposed
improvement may appear and make
objections to the proposed plans
and specification and proposed
form of contract, to the cost of the
improvement and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper published in the
City of Dubuque which shall be not
less than ten (10) days prior to the
day fixed for its consideration.
Passed, adopted and approved
this 20th day of February, 1961.
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta
koso
Nays-None.
(Ordering Construction)
RESOLUTION NO. 39-61
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a reso-
lution of necessity NO. 37-61 which
was duly passed by this Council for
the Grading of North Grandview
Avenue Extension be 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
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of property
owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the cost of ibprovement, they shall
be deemed to have waived all ob-
jections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be paid from the Street Construc-
tion Fund,
The above resolution was intro-
duced, approved and 0 r d ere d
placed on file with the City Clerk
this 20th day of February, 1961.
file for
LEO F,
Attest
Approved and placed on
final action.
Approved:
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J. TAKOS
Councilmen
FROMMELT
City Clerk
LEO F.
Councilman Schaller moved the
approval of the resolution. Second-
ed by Councilman Takas. Carried
by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Petition of Mrs. Vincent Hawks
et al requesting the installation of
stop signs at the intersection of
W, 3rd and Alpine Streets, pre.
sented and read. Councilman Schal-
ler moved that the petition be re
ferred to the City Manager and
Traffic Department for investiga-
tion and report. Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
20, 1961
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
Nays-None.
Session, February
Petition of J. James Fransen et al
objecting to a nuisance condition
that exists in the 1600 block on
Garfield Avenue relative to the
operation of the Midwest Mobile
Home Sales & Service, presented
and read.
Petition of James L. Steuer re-
questing re-zoning of Lots 602, 603
and 604 in Ham's Addition from
residential district to Class "A"
Business District Classification, pre-
sented and read. Mayor Schreiber
moved that the petition be referred
to the Planning & Zoning Com-
mission. Seconded by Councilman
Schaller, Carried by the following
vote:
J. J. Fransen presented photos
to the Council of the area showing
mobile homes parked in the street,
and he also stated that it has a
tendency to diminish property
values in the neighborhood.
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Petition of Jack Lepsch Jr. re-
questing the installation of a sani-
tary sewer on the east side of Ju-
lien Dubuque Drive, presented and
read. Mayor Schreiber moved that
the petition be referred to the City
Manager and Engineering Depart-
ment. Seconded by Councilman Ta-
koso Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Counci
Attest:
RESOLUTION NO. 36-61
Preliminary Estimate and ap-
proval of plans and specifications,
form of contract, and all other
documents for the grading of North
Grandview Avenue Extension from
Sta, 30/00 to Sta. 39/50 which is
the south property line of Kanf-
mann A venue at an estimated cost
of $28,562.00, presented and read,
Councilman Kean moved the adop-
tion of the resolution. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
(Necessity for Improvement
RESOLUTION NO. 37.61
WHEREAS. proposed plans, speci-
fications, form of contract have
been duly prepared and approved
p.m.
9:40
at
Reconvened
Petition of Peoples Natural Gas
requesting permission to excavate
in the alley to the rear of 205
Locust Street, presented and read.
Mayor Schreiber moved that the
petition be referred to the City
Engineer. Seconded by Councilman
Takos. Carried by the following
vote:
~
~JI_'jslP.,",
r
"I'.
Special
58
9:30 p.m.
Recessed at
Nays-None.
Mayor Schreiber moved that ehe
petition be referred to the City
Manager and Building Commis-
sioner for investigation and report.
Seconded by Councilman Kean. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Petition of Mrs. Clarence Reisen
et al requesting the installation of
stop signs at the intersection of
Hill and Langworthy Streets, pre-
sented and read. Councilman Schal-
ler moved that the petition be re-
ferred to the City Manager and
Traffic Department for investiga-
tion and report. Seconded by Coun-
cilman Takos. Carried by the fol.
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
61
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the City
of Dubuque 1961 Concrete Curb &
Gutter Project No.1, Sections I
and II,
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the proposed assessments, the y
shall be deemed to have waived
aU objections 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 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
the proceeds thereof used to pay
the contractor. The
tion of
district
por-
assessment
and
railway
any street or
shall be assessed to
the railway company.
resolution was intro-
The above
duced, approved and 0 r d ere d
placed on file with the City Clerk
this 20th day of February, 1961,
4. Each lot proposed to be as.
sessed together with a valuation
fixed by the Council.
I
~
,~t
Nays-None.
i
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ill
20, 1961
Session, February
paid by
6. Riker Street from west prop-
erty line of VaUey street to the
west end of street.
7. Valley Street from west prop-
erty line of Southern Avenue to
the North property line of Mt.
Loretta Avenue.
8. West 7th Street from east prop.
erty line of Hill Street to the
west property line of Prospect
Street, North side only,
9. Samuel Street from north prop-
erty line of Southern Avenue
to the South property line of
Levi Street.
10. Lorimer Street from North prop-
erty line of Levi Street to the
north property line of South
Avenue Addition.
Il, Rockdale Road - north side
only - from City Limits to
North property line of Lot 2
of 2 of 1 of 1 of 1 of 1 of 1 of 1
of 1 of 2 of Mineral Lot 12.
12. Lenox Avenue from North prop-
erty line of VanBuren Avenue
to the South property line of
Pennsylvania Avenue.
Section I
Special
r
1961
RESOLUTION NO. 40-61
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU.
BUQUE, IOWA:
Section I. T hat the attached
sheets NO. 1 to 19 inclusive are
hereby determined to be the sched-
ule of proposed assessments for
the City of Dubuque 1961 Concrete
Curb & Gutter Proiect No, 1, Sec-
tions I and II, and the valuations
set out therein are hereby ap-
proved.
Adopted this
ruary, 1961.
20th day
20,
Special Session, February
the work shall be constructed in
accordance with the p I a n sand
specifications heretofore adopted
and now on file in the office of
the City Clerk,
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from the
Street Construction Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shan be in force and effect from
and after its passage and adoption
by the City Council.
60
1. Riker Street Extension from
east property line of Rush
Street to the west property line
of Dunn Court,
at an estimated cost of Section I
$55,471.36 and Section II $7,851.05,
presented and read. Councilman
SchaUer moved the adoption of
the resolution. Seconded by Coun-
cilman Rean. Carried by the fol.
lowing vote:
Yeas-Mayor Schreiber, Council-
Kean, Schaller, Schueller, Ta.
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of DUbuque
and are now on file in the office
of the City Clerk shOWing among
other things the fOllowing:
1. The assessment limits of each
street to be improved.
2. The streets to be
3, The width of
ment.
{Necessity for Improvement
RESOLUTION NO. 42.61
improved.
such improve-
men
koso
Nays-None.
,
Feb-
Councilman Takos m 0 v e d the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas-Mayor Schreiber, Council
men Rean, Schaller, Schueller, Ta.
koso
Nays-None.
RESOLUTION NO. 41.61
Preliminary estimate and ap-
proval of plans, specifications, form
of contract, plat, and all other
documents for the proposed CITY
OF DUBUQUE 1961 CONCRETE
CURB & GUTTER PROJECT NO, 1,
SECTION I - SECTION II, on the
fOllowing portions of the following
named streets:
Section I.
1. O'Neill street from West prop-
erty line of Burden Avenue to
the east property line of Lot
103 Belmont Addition,
2. Emerson Street from the South.
east property line of Prescott
Street to the north west prop-
erty line of Lincoln Avenue.
3. Carlton Avenue from the west
property line of Brown Avenue
to the southwest end of the
street.
4, St. George Street from north
property line of Bush Street to
the south property line of Mt.
Loretta Avenue.
5. Bush street from the west prop-
erty line of Esther street to the
west end of Bush Street.
JOHN p, SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
LEO F, FROMMELT
City Clerk
of
Attest:
Passed, adopted and approved
this 20th day of February, 1961.
JOHN P.
Councilman Schueller moved the
adoption of the resolution. Second.
ed by Councilman Kean. Carried
by the fOllowing vote:
Yeas-Mayor Schreiber, Council.
men Rean, Schaller, Schueller, Ta,
koso
1961
Gentlemen:
I herewith submit the attached
Sheets NO. 1 to 19 inclusive show-
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque 1961 Concrete
Curb & Gutter Project No.1, Sec.
tions I and n.
1961.
Councilman Takas moved that
the communication be received and
made a matter of record. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, SchaUer, Schueller, Ta-
koso
SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J. TAKOS
Councilmen
LEO F. FROMMELT
City Clerk
February 20,
To the Honorable Mayor
and City Council
Submitted February 20th,
John L. White
City Engineer
Nays-None.
Attest:
~
p, SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J. TAKOS
Councilmen
FROMMELT
City Clerk
63
8, Woodlawn Street from North
Property Line of Asbury Road
to South Property Line of Lin.
dale Street.
9. Lindale Street from West Prop.
erty Line of Evergreen Drive
to East Property IJne of Carter
Road.
10. Karen Street from West Prop-
erty Line of Evergreen Drive
to East Property Line of Carter
Road.
1961
Session, February 20,
Special
schedule of proposed assessments
for the City of Dubuque 1961 Bit.
uminous Concrete Surfacing Pro.
jeet No.1, Sections I, IT and III, and
the valuations set out therein are
hereby approved.
Adopted this 20th day of
ary, 1961.
JOHN
Febru-
20, 1961
fixed for its consideration and un-
less property owners at the time
of final consideration of said reso-
lution have on file with the City
Clerk objections to the amount of
the proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
~
11, Kevindale Street from North
Property Line of Karen Street
to South Property Line of Lin-
dale Street.
12, Valley Street from West Prop-
erty Line of Southern Avenue
to the North Property Line of
Mt. Loretta Avenue,
13. A voca Street from South Prop.
erty Line of Cherry Street to
North Property Line of Deborah
Street.
14. Decorah Street from West Prop-
erty Line of A VOCa. Street to
West Property Line of Irving
Street.
15. Solon Street from East Prop-
erty Line of Nevada Street to
West Property Line of Booth
Street.
16, Keokuk Street from Northwest
Property Line of P rim r 0 s e
Street to Northwest end 0 f
Street.
17, Samuel Street from North Prop-
erty Line of Southern Avenue to
South Property Line of Levi
Street.
18, Alpha Avenue from South Prop.
erty Line of nlinois Avenue
to North Property Line of Van
Buren Street.
19, Dunleith Court from West Prop-
erty Line of Southern Avenue
to West end of Street.
20, Robin Street from West Prop.
erty Line of English Lane to
West end of Street.
West 7th Street from East Prop-
erty Line of Hill Street to West
Property Line of Pro s p e c t
Street.
22. Lorimer Street from Nor t h
Property Line of Levi Street
to North Property Line of South
Avenue Addition.
23. St. Anne's Drive from West
Property Line of Chaney Road
to West Property Line of St,
Anne's Subdivision, Block I.
Session, February
Approved and placed on file for
final action.
Approved:
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
LEO F. FROMMELT
City Clerk
21.
Special
62
LEO F,
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Mayor Schreiber. Carried by
the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
RESOLUTION NO. 45-61
Preliminary estimate and ap-
proval of plans, specifications,
form of contract, and all other do-
cuments for the construction of the
CITY OF DUBUQUE 1961 BITUM.
INOUS CONCRETE SURFACING
PROJECT NO. 1 - SECTIONS I-
II-ill, on the following portions of
the fallowing named streets:
Attest:
SECTION I
I. Lawndale Street from North
property line of Park Street to
North end of Street.
2, O'Neill Street from West Prop-
erty Line of Burden A venue to
East Property Line of Lot 103
Belmont Addition.
3. Emerson Street from West prop-
erty Une of Lincoln A venue to
East Property Line of Prescott
Street.
4. Carlton Avenue from We s t
Property Line of Brown Avenue
to Southwest end of Carlton
Avenue.
5, St. George Street from North
Property Line of Bush Street
to South Property Liue of Mt.
Loretta Avenue.
6. Bush Street from West Prop-
erty Line of Esther Street to
West end of Street.
7, Riker Street from West Prop-
erty Line of Valley Street to
West end of existing R i k e r
Street.
r
I
!
,
Passec, adopted and approved
this 20th day of Febroary, 1961,
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos,
Nays-None.
February
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
Sheets No. 1 to 34 inclusive show-
ing a schedule of the proposed
valuations and proposed assess-
ments for the City of Dubuque 1961
Bituminous Concrete Surfacing
Project No.1, Sections I, II and m.
Submitted February 20th, 1961.
John L, White
City Engineer
Councilman Takos moved that
the communication be received and
made a matter of record. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
RESOLUTION NO. 44-61
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU.
BUQUE, IOWA:
Section 1. That the attached
sheets No. 1 to 34 inclusive are
her e b y determined to be the
1961
20,
II
Attest:
Councilman Schueller moved the
approval of the resolution. Second-
ed Councilman Takas. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Rean, Schaller, Schueller, Ta-
kas.
Nays-None.
(Fixing Date of Hearing)
RESOLUTION NO. 43-61
WHEREAS, the City Couucil of
the City of Dubuque, Iowa, has by
Resolution No. 41-61 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the City of
Dubuque 1961 Concrete Curb &
Gutter Project No.1, Sections I
and II and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced and
is now on file in the City Clerk's
office for public inspection,
BE IT THEREFORE RESOLVED
that on the 27th day of March,
1961, a public hearing will be held
at 7:30 o'clock p.m. in the Council
Chamber in the City of Dubuque
at which time the owners of prop-
erty subject to assessment for the
proposed improvement may appear
and make objection to the proposed
plans and specifications and pro-
posed form of contract and at the
same time to the boundaries of the
proposed district, to the cost of
the improvement, to the amount
proposed to be assessed against
any lot and to the passage of the
proposed Resolution of Necessity
and the City Clerk be and he is
hereby directed to cause a notice
of the time and place of such hear-
ing to be published in some news-
paper published in the City of Du-
buque, the last of which shall be
not less than two (2) nor more than
four (4) weeks prior to the day
...-
the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 20th day of February, 1961.
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J, TAKOS
Councilmen
65
20, 1961
Session, February
Mayor Schreiber moved the ap-
proval of the resolution. Second-
ed by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Special
LEO F, FROMMELT
City Clerk
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
Attest
(Fixing date of hearing)
RESOLUTION NO. 47.61
WHEREAS, tbe City Council of
the City of DUbuque, Iowa, has by
Resolution No. 45-61 given its pre~
liminary 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 1961
City of Dubuque 1961 Bituminous
Concrete Paving Project No.1, Sec-
tion No. I, II and ill,
and,
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk obiections to the
amount of the proposed assess-
ments, they shall he deemed to
have waived all objections thereto.
1961
Gentlemen:
I herewith submit the attached
Sheets NO.1 to 16 inclusive show-
ing a schedule of proposed valu-
ations and assessments for the
City of DUbuque 1961 Concrete
Paving with Integral Curb Project
No.1. Sections I and II (ALTER-
NATE),
Submitted February 20th, 1961.
John L. White
City Engineer
Councilman Takos moved that
the communication be received and
made a matter of record. Seconded
by Councilman Schaller. Carried by
the fOllowing vote:
Yeas-Mayor Schreiber, CouncH
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
20,
February
Mayor
To the Honorable
and City Council
Dubuque, Iowa
RESOLUTION NO. 48.61
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the attached
sheets No. 1 to 16 inclusive are
hereby determined to be the sched-
ule of proposed 'assessments for
the City of Dubuque 1961 Concrete
Paving with Intergral Curb Pro-
ject No.1, Sections I and II (AI....
TERNATE), and the valuations set
out therein are hereby approved.
WHEREAS. the proposed Reso-
lution of Necessity for said im-
provement has been introduced and
is now on file in the City Clerk's
office for public inspection.
BE IT THEREFORE RESOLVED
that on the 27th day of March
1961, a public hearing will be held
at 7:30 o'clock p.m. in the Council
Chamber in the City of Dubuque
at which time the owners of prop.-
erty subject to assessment for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
pro.posed form of contract and at
the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Nec-
essity 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. the last of which shall
be not less than two (2) nor more
than four (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said reso-
lution have on file with the Clerk
objections to the amount of pro-
posed assessment, they shall have
been deemed to have waived all ob-
jections thereto, at which hearing
I
IE
20, 1961
Special Session, February
24. Collins Street from North Prop.
erty Line of St. Joseph Street
to South Property Line of Lom-
bard Street,
25, Lorn bar d Street from West
Property Line of Collins Street
to West Property Line of Gon-
dolfo Street.
SECTION II
1. Riker Street Extension from
West Property Line of Dunn
Court to the East Property Line
of Rush Street.
"
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 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 abutts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the street fund,
bonds shall be issued and sold in
antiCipation of deferred payments
of assessments when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor. The railway
portion of any street or assess-
ment district shall be assessed to
and paid by the railway company.
The above resolution was intro-
duced, approved and 0 r d ere d
placed on file with the City Clerk
this 20th day of February, 1960.
SECTION I
1. Lombard Street from Nor t h
Property Line of Dodge Street
to the West Property Line of
Lot 2 of 1 of 1 of 1 of 1 of 1
of 2 of 1 of 1 and Lot 2 of
Sisters Addition.
at estimated costs of Section I
$111,206.31, Section II $5,351,20.
Section ill $2.478,30 presented and
read. Mayor Schreiber moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
(Necessity for Improvement
RESOLUTION NO. 46-<>1
WHEREAS, pro p 0 sed plans,
sPecifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Duhuque
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.
for
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
P. SCHREIBER
Mayor
LEO F, FROMMELT
City Clerk
64
Approved and placed on file
final action.
JOHN
Approved.
Attest
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
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be assessed
against each lot, for the City of
Dubuque 1961 Bituminous Concrete
Paving Project No.1, Section No.
1, II, and ill.
to be as-
valuation
~
.
')
'.
fIT-
Session, February
ff7
with Integral Curb Project No.1,
Sections I and II (ALTERNATE)
and,
WHEREAS, the proposed Reso.
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection.
BE IT THEREFORE RESOLVED
that on the 27th day of March
1961, a public hearing will be held
at 7:30 o'clock p.m. in the Council
Cbambers in the City of Dubuque
at which time the owners of prop.
erty sUbject to assessment for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract and at
the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of
Necessity and the City Clerk be and
he is hereby directed to cause a
notice of the time and place of
such hearing to be published in
the City of Duhuque, the last of
which shall be not less than two (2)
nor more than four (4) weeks prior
to the day fixed for its considera~
tion and unless property owners
at the time of final consideration
of said resolution have on file with
the Clerk objections to the amount
of the proposed assessment, they
shall have been deemed to have
waived all objections thereto, at
which hearing the Council will hear
such objections and enter on rec-
ord its final decision thereon.
1961
20,
Special Session, February
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 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 abutts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the street fund,
bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor. The railway
portion of any street or assess-
ment district shall be assessed to
and paid by the railway company.
The above resolution was intro-
duced, approved and 0 r d ere d
placed on file with the City Clerk
this 20th day of February, 1960.
Approved and placed on file for
final action.
Approved,
JOHN p, SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
FROMMELT
City Clerk
LEO F,
Attest
I
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be assessed
against each lot, for the City of
Dubuque 1961 Concrete Paving
with Intergal Curb Proiect No. 1
Sections 1 and 2 (ALTERNATE)
~
,"p
adopted and approved
day of Fehruary, 1961.
JOHN
p, SCHREffiER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J, TAKOS
Councilmen
FROMMELT
City Clerk
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Takas. Carried
by the, following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
~
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"
20, 1961
SECTION II
I. Riker Street
East Property
Street to West
of Dunn Court.
at an estimated cost of Section I
$107,682,13 - Section II $15,869,00,
presented and read.
(Necessity for Improvement:
RESOLUTION NO. 50-61
WHEREAS, pro p 0 sed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
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.
SECTION
1. Emerson Street from Southeast
Property Line of Prescott Street
to Northwest Property Line of
Lincoln Avenue.
2. Carlton Avenue fro m West
Property Line of Brown Avenue
to Southwest end of Street.
3. St. George Street from North
Property Line of Bush Street to
South Property Line of Mt.
Loretta Avenue.
LEO F,
Extension from
Line of Bush
Property Line
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Takas. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Feb.
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
RESOLUTION NO. 49-61
Preliminary Estimate and ap-
proval of proposed plans, specifi-
cations, form of contract, plat and
all other documents for the con-
struction of CITY OF DUBUQUE
1961 CONCRETE PAVING WITII
INTEGRAL CURB (ALTERNATE)
SECTIONS I and II on the follow.
ing portio'Q3 of the following named
streets:
Passed,
this 20th
Attest:
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
FROMMELT
City Clerk
Councilman Schaller moved the
approval of the resolution. Second-
ed by Mayor Schreiber. Carried by
the following vote:
YeaS-Mayor Schreiber, Council.
men Kean, Schaller, Schueller, Ta,
koso
Nays-None.
(Fixing date of hearing)
RESOLUTION NO.51-61
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 49-61 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the City of
Dubuque 1961 Concrete Paving
Special
20th day of
LEO F.
I
,
I
~'
f
,
,
,
,
,
~.
i
i
I
66
Adopted this
ruary, 1961.
Attest:
BE IT FURTHER RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein men-
tioned improvement, and unless
property owners at the time of
the final consideration of this pro-
posed resolution have on file with
the City Clerk obiections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
4. Eu sh Street from West Prop.
erty Line of Esther Street to
the West end of Bush Street.
5. Riker Street from West Prop-
erty Line of Valley Street to
the West end of the Street.
6. Valley Street from West Prop-
. erty Line of Southern Avenue
to North Property Line of Mt.
Loretta Street.
7. Samuel Street from Nor t h
Property L i n e of Southern
~\,venue to the South Property
Line of Levi Street.
8. Lorimer Street from the North
Property Line of Levi Street
to the North Property Line of
South Avenue Addition.
I
!
I
69
in the office of the City Clerk for
public inspection, for the City of
Dubuque 1961 Concrete Paving
with Integral Curb Project No.1,
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec~
tion,
BE IT THEREFORE RESOLVED
that on the 27th day of March
1961, a public hearing will be held
at 7:30 o'clock P.M. in the Council
Chamber in the City of Dubuque
at which time the owners of prop.
erty subject to assessment for the
proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the cost
of the improvement, to the amount
proposed to be assessed against
any lot and to the passage of the
proposed Resolution of Necessity
and the City Clerk be and he is
hereby directed to cause a notice
of the time and place of such
hearing to be published in some
newspaper published in the City
of Dnhuque, the last of which shall
be not less than two (2) nor more
than four (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said reso-
lution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
~
Passed, adopted and approved
this 20th day of Fehruary, 1961.
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J, TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Takas moved the ap-
proval of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Car-
ried by the following vote:
(Fixing date of hearing
RESOLUTION NO. 55.6;
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 53-61 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
..;~
,'r
~-
I
,
"
I
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of property
owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed
resolution have on file with the
City Clerk objections to the amount
of the proposed assessments, they
shall he deemed to have waived all
objections thereto.
-,,*,
RESOLUTION NO. 53.61
Preliminary estimate and ap-
proval of plans, specifications, form
of contract, plat and all other docu.
ments for the construction of the
CITY OF DUBUQUE 1961 CON.
CRETE PAVING WITH INTEGRAL
Attest
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas - Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays--None.
20, 1961
Session, February
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be assessed upon and against all
privately owned property lying
within assessable distance provided
by law and in an amount not to
excc.ed the amount provided by
law, property will be assessed
whether the same abuts thereon
or is adjacent thereto according to
area and in proportion to the
special benefits conferred thereby,
and any deficiency shall be paid
out of the street fnnd honds shall
be issued and sold in' anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion of
any street or assessment district
shall be assessed to and paid by
the railway
company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 20th day of February, 1961.
Approved and placed on file for
final action.
Approved:
JOHN
SCHREffiER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J. TAKOS
Councilmen
LEO F. FROMMELT
City Clerk
Special
P.
Attest
,
,
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)
f
,
20, 1961
CURB PROJECT NO. 1 on the fol.
lowing portions of the following
named streets:
1. 16th Street from East Property
line of Elm Street to point 285 feet
east of the East property line of
Marsh Street.
2. 18th Street from east property
line of Sycamore Street to West
Property line of Lynn Street, at an
estimated cost of $75,660,63, pre-
sented and read.
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
(Necessity for Improvement
RESOLUTION NO. 54-61
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre.
pared and approved hy 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 to be assessed
together with a valuation fixed
by the council.
5. An estimate of the cost of the
proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
6. In each case the amount thereof
which is estimated to be as-
sessed against each lot, for the
City of Duhuqne 1001 Concrete
Paving with Intergal Curh,
Proiect No. 1.
Session, February
Fehruary 20, 1961
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
Sheets No. 1 to 7 inclusive show-
ing a schedule of the proposed
valuations and assessments for the
City of Duhuqne 1961 Concrete
Paving with Integral Curh Proiect
No, 1.
Suhmitted Fehrnary 20th, 1961.
JOHN L. WHITE,
City Engineer
Councilman Takos moved that
the communication be received and
made a matter of record. Seconded
by Councilman Schaller. Carried by
the fOllowing vote:
Yeas--Mayor Schreiber, Council.
men Kean, Schaller, Schueller,
Takos.
Nays-None.
RESOLUTION NO. 52-61
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU.
BUQUE, IOWA:
Section I. That the attached
sheets NO.1 to 7 inclusive are here-
hy determined to he the schednle
of proposed assessments for the
City of Dnhuqne 1961 Concrete
Paving with 1ntegral Cnrh Proiect
No.1, and the valuations set out
therein are hereby approved.
Adopted this 20th day of Febrn.
ary, 1001.
JOHN P. SCHREffiER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
LEO F, FROMMELT,
City Clerk
Special
68
71
Passed, adopted and -approved
this 20th day of February, 1961.
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Carried
by the following vote:
Y cas-Mayor Schreiber, Coun.
cilmen Kean, Schaller, Schueller.
Nays-Councilman Takas.
1961
20,
Session, February
RESOLUTION NO. 60-61
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is
hereby directed to issue to the
following named applicants a beer
permit.
CLASS "B" BEER PERMIT
Mathias A, Schneller, 132 Eighth
Avenue
Mrs. Eunice Wright, 2600 Jackson
Street
CLASS "C" BEER PERMITS
Tenenboms Super Market, Inc., 200
So. Locust Street
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 20th day of February, 1961.
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Car.
ried by the following vote:
Yeas-Mayor Schreiber, Counci
men Kean, Schaller, Schueller.
Nays-Councilman Takas.
at 7:30 o'clock P. M. in the Council
Chamber in the City of Dubuque
at which time the owners of prop.
erty 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 to the passage of
the proposed Resolution of Neces-
sity and the City Clerk be and he
is hereby directed to cause a notice
of the time and place of such hear-
ing to be published in some news-
paper published in the City of Du-
buque, the last of which shall be
not less than two (2) nor more than
four (4) weeks prior to the day fix.
ed for its consideration at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Special
\
1961
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there.
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the street
improvement funds.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 20th day of February, 1961.
Approved and placed on file for
final action.
Passed, adopted and approved
this 20th day of February, 1961.
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMESJ,KEAN
PETER J, TAKOS
Councilmen
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, SchaUer, Schueller.
RESOLUTION NO. 59-61
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval -and the
same have been examined: NOW,
THEREFORE,
BE fT RESOLVED by the City
Council of the City of Dubuque
that the following applications be
granted and licenses be issued up-
on the compliance with the terms
of the ordinances of the City.
Jack.
CLASS "B" BEER PERMITS
Mathias A, Schneller, 132 Eighth
Avenue.
BEER PERMITS
200
LEO F, FROMMELT
City Clerk
Inc.
~
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'.'""tIi
20,
Session, February
2600
Market,
Wright,
CLASS "CII
Tenenboms Super
So. Locust Street
Mrs. Eunice
son Street.
Attest
I
)
Approved:
JOHN P. SCHREIBER
Mayor
LEO N, SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
LEO F. FROMMELT
City Clerk
Councilman Takos moved the ap-
proval of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kcan, Schaller, Schueller,
Takos.
Nays-None.
(Fixing date of hearing)
RESOLUTION NO. 58.61
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 57-61 given its pre-
liminary 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 Mainte-
nance resurfacing of the following
named streets with Foamed As-
phalt Liquid Mastic:
Jackson Street-from W, 32nd
Street to 12th Street.
Loras Blvd.-from Walnut Street
to Glen Oak Street.
8th Street-from Central Avenue
to University Avenue, and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection,
BE IT THEREFORE RESOLVED
that on the 27th day of March,
1961, a public hearing will be held
Attest:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
Nays-None.
RESOLUTION NO. 56-61
Preliminary estimate and ap-
proval of plans, specifications,
form of contract, and all other
documents for the Maintenance Re-
surfacing of the fOllowing named
streels with FOAMED ASPHALT
LIQUID MASTIC:
Jackson Street-from W. 32nd
Street to 12th Street.
Loras Blvd.-from Walnut Street
to Glen Oak Street.
8th Street-from Central Ave-
nue to University Avenue, at an
estimated cost of $39,061.00, pre-
sented and read.
Councilman Takos moved the
adoption of the resolution. Sec-
onded by Councilman Kean. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
(Necessity for Improvement'
RESOLUTION NO. 57-61
WHEREAS, pro p 0 sed plans,
specifications, form of contract,
and plat have been duly prepared
and approved by the City Council
of the City of Dubuque and -are
now on file in the office of the
City Clerk showing among other
things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind of
sewers.
3. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
For the Maintenance Resurfac-
ing of the following named streets
with Foamed Asphalt Liquid Mas-
tic:
Jackson Street-from W. 32nd
Street to 12th Street.
Loras Blvd.-from Walnut Street
to Glen Oak Street.
8th Street-from Central Ave-
nue to University Avenue.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion deems it advisable and nec-
essary for the public welfare to
make the herein mentioned im-
provement.
Special
7(
j
73
(c) Maintain without cost to the
United States public terminal fa.
cilities, open to all on equal terms;
(d) Accomplish aU necessary al~
tcrations to sewers and other util.
ities, including aerial and subma-
rine crossings, and their mainte-
nance;
(e) Wnen needed, deepen and
maintain berthing areas adjacent
to docks, to the same depth as
the harbor; and
(f) Contribute any funds re-
quired in excess of $400,000 in the
event the Federal cost of the afore
said commercial harbor should ex-
ceed said amount.
Sincerely yours,
J. H, PeU
Acting Deputy District Engineer
program which limits Federal par-
ticipation to $400,000. If these
costs exceed the $400,000 limita-
tion, it is necessary that such ex-
cess cost be borne by local inter-
ests. Federal cost of this project,
based on current prices of hydrau-
lic dredging paid for similar work
on other projects in this district,
is presently estimated at $64,000.
The non-Federal cost, which in-
cludes dredging or berthing space
to lO-foot depth, plus 2 feet over.
depth, with contingencies, is es-
timated at $18,000. The increase
in both Federal and non-Federal
costs from the original estimate in
the project document is attribut-
able to price level change.
It is hereby certified that the
undersigned officials have the le-
gal authority to execute this in-
strument.
IN WITNESS WHEREOF, the
City of Dubuque, Iowa, has caused
its corporate name to be hereunto
'~igned by its Mayor, attested to by
the City Clerk, and the corporate
seal of said City to be affixed here-
to, and the same subscribed by
the Chairman and Commissioners
of its Dock Commission, this 20th
day of February A, D., 1961,
The CI'ty of Dubuque, Iowa
By John p, Schreiber
Its Mayor
CITY
SEAL
ATTEST:
By LEO F, FROMMELT
City Clerk
CITY OF DUBUQUE BOARD
OF DOCK COMMISSIONERS
By Arnold A. Caitham
Ch-airman
John J, Waltz
Secretary
Irvin Oeth
Commissioner
Councilman Schaller moved that
the communication be received and
made a matter of record. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kas.
Nays-None.
Annua non-Federal cost for
maintenance, consisting of dredg-
ing the berthing area, is estimated
at $900. Federal annual mainte-
nance consists of dredging en-
trance and maneuvering area.
Council went into joint session
with the Board of Dock Commis-
sioners. Commissioners Caitham,
Waltz and Oeth being present to
discuss the dredging of the Ice
Harhor by the U. S, Army Engi-
neers.
DOCK BOARD RESOLUTION
NO. 9-61
WHEREAS there has been for.
warded to the Dubuque Board of
Dock Commissioners by the of-
fice of the U. S, Army Engineer
District, Rock Island, Illinois, as-
surances for the Dubuque Ice Har-
bor, a copy of which assurances is
hereto attached; and
'WHEREAS it is necessary that
the Dubuque Board of Dock Com-
missioners agree and pledge itself
to the performance of said assur-
ASSURANCES
Mississippi River at Dubuque, Iowa
In consideration of the authori-
zation contained in the River and
Harbor Act of 1960, Public Law 86.
645, approved 14 July 1960, to
provide for a commercial harbor
at Dubuque, Iowa, in accordance
with the plans and SUbject to the
conditions recommended by the
Chief of Engineers in the report,
House Document No. 56, 86th Con.
gress, 1st Session, and under the
Small Authorized ftojects Pro-
gram, which imposes a certain lim-
itation upon the extent of Federal
participation in said project, the
CiTY OF DUBUQUE, IOWA, a mu.
nicipal corporation, by and through
its duly elected and qualified
Mayor and also its Dock Commis-
sion, in accordance with proper
Resolutions passed by the said
City of Dubuque, Iowa. and the
DUbuque Board of Dock Commis-
sioners, does hereby agree and
pledge that it will truly and faith-
fully:
(a) Furnish without cost to the
United States all lands, easements,
and rights-oI-way necessary for the
construction and SUbsequent main-
tenance of the improvement;
and save the United
from damages due to
and maintenance of
,J
Receipt
\Ve need information from the
City bJ' the earliest practicable
date regarding areas for place-
ment of spoil material, in order
that '''''e may give full considera-
tion to all problems concerned
therewith and determine the most
economical manner of disposal.
Any spoil area considered must be
one that can be made available
promptly and usable for the in-
tended purpose without excessive
lengths of dredge pipe, interfer-
ence with access or traffic, or prob-
lems with respect to draining away
the water.
The original of the fUlly exe-
cuted assurance form should be
furnished this office, as well as
resolutions passed by the Dubuque
City Council and the Dock Com-
mission, authorizing the execution
of the assurances. An opinion of
the City Attorney, certifying that
the City of Dubuque has the legal
authority to enter into said assur-
ances and a copy of the law re-
lied upon as legal authority for
the City to carry out the local co-
operation requirements should
also be furnished. Evidence of the
City's financial ability to carry out
the obligations contained in the
assurances is also required. With
the exception of paragraph (e) in
the assurances, these Obligations
Mail-Return
Requested
Certified
u.S. Army Engineer District
Rock Island
3 Febrnary 1961.
Honorable Peter J. Takas,
Mayor of the City of Dubuque
Dubuque, Iowa.
In re: Mississippi River at
Dubuque, Iowa-
Dubuque Ice Harbor
Dear Mayor Takas:
Inclosed are the assurances for
the Dubuque Ice Harbor for execu~
tion by the Mayor and the Du-
buque Board of Dock Commission-
ers. This project was authorized
by the River & Harbor Act of
1960, Public Law 86.645, approved
14 July 1960, in accordance with
the plans and subject to the con-
ditions recommended by the Chief
of Engineers in the report, House
Document No. 56, 86th Congress
1st Session.
Forward under separate cover
are two prints of Plate 1 entitled
"Mississippi River, Dubuque, Iowa,
Commercial Harbor Facilities at
Dubuque, Iowa, General Location
and Plan" and two prints of Plate
2 entitled "Mississippi River, Du-
buque, Iowa, Commercial Harbor
Facilities, General Plan and Sec-
tion."
(b) Hold
States free
construction
the project;
The Federal costs for the sub-
ject project have been funded un-
der the Small Authorized Projects
1961
Session, February 20,
are in addition to the estimated
$18,000 non-Federal cost.
Based on the assumption that
the assurances will be promptly
executed, we hope to advertise the
Government portion of the work
on or before 24 March 1961 'with
completion by 30 June 1961.
Acknowledgement of receipt of
this letter is requested. If we can
be of further assistance, please do
not hesitate to call on us.
Special
/.
Session, February 20, 1961
MEETING RECESSED AT 10:25
P.M. RECONVENED AT 10:30 P,M,
Councilman Schaller moved that
the following persons be appointed
to serve as a sub-committee to the
Council's Committee for Building
Code Modernization. William Giese,
Sheet Metal Contractors Associa-
tion; Donald Kopp, Sheet Metal
Workers; Homer Addyman, Jour-
neyman Plumbers; Richard Beaves,
Master Plumbers; Clarence Brad-
sha\v, Refrigeration Contractors.
Seconded by Councilman Takas.
Carried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta
koso
Nays-None.
Special
72
~
;~+tl'-
75
Be It Ordained by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the ZonIng Map
of the City of Dubuque, as provid-
ed by Ordinance No. 3-34, designat-
ed the Zoning Ordinance, be and
the same is hereby amended and
changed by changing from its pres-
ent Multiple Residence District
Clasf'ification to Local Business
District 'A" Classification the prop-
efty describeu as follows:
Lots 1 and 2 of Kelly-Byrne
Plllee, In the City of Dubuque, Du-
\)uquc County, Iowa.
Section 2. This Ordinance shall
be in full force and effect from
and after Its final pass?ge, adop-
tion and publication as by law pro-
vided.
Introduced the :Jth eta" of Fellrn_
'try, 1961. .
Rule requiring reading' on tine",
separate days suspended by unani-
mous vote the 9th day of February.
1961.
Passed by recorded roll call vote,
adopted and aj.proved this 27th da;v
of February, 1961.
JOHN P. SCHREIBER
MaYOl'
LEO X. SCHUELLER
LOUIS SCHALLER
JAMBS J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
PllbJi"hed officially in The Tele-
graph-Herald newspaper this 2nd
day of March 1961.
LEO F. FHO:\fMELT
City Clerk
27, 1961
Session, February
27,
./'
Councilman Schueller moved the
adoption of the Ordinance. Se-
conded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
11,
~
Nays-None.
Proof of Publication, certified to
by the Puhlisher, of Notice of pub.
lie hearing to consider rezoning of
Blocks 9 to 19 of River Front Sub-
division No. 3 from Heavy Indus-
trial Classification to Restricted
Industrial District Classification,
presented and read.
Nays-None.
No written objections were filed
and no objectors were present in
the Council Chamber at the time
for the public hearing.
Mayor Schreiber moved that the
proof of publication be received
and filed. Seconded by Councilman
Takos, Carried by the following
vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller, Ta.
koso
CITY COUNCIL
OFFICIAL
Special Session, February
1961.
Council met at 7:30 p.m.
Present-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos, City Manager Gilbert D,
Chavenelle,
Mayor Schreiber read the call
and stated that service thereof
had been duly made and this meet-
ing is called for the purpose of
conducting a public hearing on Or-
dinances No. 3-61, 4.61, 5-61, to
consider rezoning of certain areas
and acting on any other business
as may properly come before a
regular meeting of the City Coun~
cil.
Proof of Publication, certified to
by the Publisher, of Notice of pub-
lic hearing to consider rezoning
of Lots 1 & 2 Kelly-Bryne Place
from Multiple residence District
classification to District A class-
ification, presented and read.
No written objections were filed
and no objectors were present in
the Council Chamber at the time
set for the puhlic hearing,
Councilman Schueller moved that
the proof of publication be received
and filed. Seconded by Councilman
Takos, Carried hy the fOllowing
vote:
Yeas-Mayor Schreiber, Council~
men Kean, Schaller, Schueller, Ta.
koso
Nays--None.
ORDINANCE NO. 3_61
An Ordinance Amending the Zon~
Ing Map and Zoning OrdInance of
the City of Dubuque, Iowa, as pro~
vided by Ordinance No. 3-34, desig.
nated the Zoning Ordinance, so as
to change the herein described area
from Multiple Family residence
district to Local Business District
"A" Classitlcation.
Special
"
1961
adopted and approved
day of February, 1961.
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J, KEAN
PETER J. TAKOS
Councilmen
LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Car~
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
There being no further business
Councilman Schaller moved to ad-
journ. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takas.
Nays-None.
Approved
Adopted
Councilmen
Attest
LEO F. FROMMELT
City Clerk
"....,..1961.
",1961.
ORDINANCE NO. 3-61
An Ordinance Amending the Zon-
ing Map and Zoning Ordinance of
the City of Dubuque, Iowa, as
provided by Ordinance No. 3-34,
designated the Zoning Ordinance,
so as to change the herein de-
scribed area from Multiple Family
residence District to Local Business
District "An classification, said or-
dinance having been previously pre~
sented and read at the Council
meeting of February 9, 1961, pre.
sented for Final Adoption.
'17
w;;.
20,
Passed,
this 20th
Attest:
Attest
RESOLUTION NO. 61-61
WHEREAS there has been for-
warded to the Dubuque City Coun-
cil by the office of the U. S, Army
Engineer District, Rock Island, nli-
nois, assurances for the Dubuque
Ice Harbor, a copy of which as.
surances is hereto attached; and
.f!'1:'
euy Clerk
Session, February
Section 1. That the Board of
Dock Commissioners of Dubuque,
Iowa, pledge and agree to carry
out the assurances for the Du.
buque Ice Harbor in order to ob-
tain Federal participation in said
project and authorize the execu-
tion of the instrument containing
said assurances to be performed by
the Dubuque Board of Dock Com-
missioners. Passed, adopted and ap-
proved this 20th day of February,
1961.
DUBUQUE BOARD OF DOCK
COMMISSIONERS
By Arnold A. Caitham
Chairman
John J, Waltz
Secretary
Irvin Oeth
Commissioner
John J. Waltz
Secretary
WHEREAS it is necessary that
the City of Dubuque agree and
pledge itself to the performance of
said assurances in order to obtain
Federal participation in the dredg-
ing of the Dubuque Ice Harbor.
Section 1. That the Mayor be and
he is herewith authorized and di~
rected to execute the attached as~
surances for the Dubuque Ice Har-
hor for and on behalf of the City
of Dubuque, 10wa, and the City
Clerk be and he is herewith au-
thorized and directed to attest the
same.
ances in order to obtain Federal
participation in the dredging of
the Dubuque Ice Harbor.
NOW THEREFOR BE IT RE.
SOLVED by the Dubuque Board of
Dock Commissioners:
NOW THEREFOR BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa:
Special
74
"t
77
curb and gutter iu the City of
Dubuque 1961 Curb and Gutter and
Paving Project.
Respectfully submitted,
Gilbert D, Chavenelle
City Manager
Councilman Schueller moved
that the communication be re-
ferred to the 1961 Street improve-
ment pro g ram. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takas.
Nays-None.
February 24, 1961
To the Honorable Mayor
and City Counell
Dubuque, Iowa
Gentlemen:
You have referred to us the peti-
tion of Roy B. Baker and others
requesting sanitary sewer and
storm sewer on Shiras Avenue.
It is recommended that the
sanitary sewer be installed on
Shiras Avenue this year as a
special assessment project with no
cost to the City.
It is further recommended that
the storm sewer request be de-
layed and that it be included in
the 1962 storm sewer project.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Sec-
onded by Mayor Schreiber. Carried
by the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schaller, Schueller,
Takas.
Nays-None.
Notice of Suit of Richard J.
Bradberry, in the amount of
$9100., for personal injuries re-
ceived as the result of a fall on
a defective sidewalk at 177 Main
Street on November 25, 1960, pre-
sented and read. Mayor Schreiber
moved that the notice of suit be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council.
men Kean, Schaller, Schueller,
Takos,
Nays-None.
February 24,
To the Honorable Mayor
and City Council:
Dubuque, Iowa
Gentlemen:
You have referred to us the peti-
tion of Wm. T. Connery and Eldon
T. Herrig, requesting that Samuel
Street from the intersection of
Levi Street southerly to Southern
Avenue be graded, curbed and
guttered,
This is being handled by includ-
ing Samuel Street for paving and
1961
\
.
read.
No written objection were filed
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing.
Mayor Schreiber moved that the
proof of publication be received
and filed. Seconded by Councilman
Takos. Carried by the fOllowing
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta.
koso
Nays-None.
ORDINANCE NO. 5-61
An Ordinance Amending the Zon~
ing Map and Zoning Ordinance of
the City of Dubuque, Iowa, as pro-
vided by Ordinance No. 3-34, desig.
nated the Zoning Ordinance so as
to change the herein described area
from Single Family Residence Dis-
trict Classification to Multiple Resi-
dence District Classification, said
Ordinance having been presented
and read at the Council meeting
of February 9, 1961, presented for
Final Adoption,
Ordinance No. 5-61
An Ordinance Amending the
Zoning Map and Zoning Ordinance
of the City of Dubuque, Iowa. as
provided by Ordinance No. 3-34,
designated the Zoning Ordinance,
so as to change the herein de-
scribed area from Single FamIly
Residence District Classification to
:\lultiple Family Residence District
Classification.
Be It Ordained by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the Zoning Map
of the City of Dubuque, as provid-
ed by Ordinance No. 3-34, desig-
nated the Zoning Ordinance, be
and the same is hereby amended
and changed by changing from its
present Single Family Residence
District Classification to Multiple
ne~idence District Classification
the property described as follows:
I.ot 1 of Conners Grandview
Place.
Section 2. This Ordinance shall
be in full force and effect from
and after its final passage. adop-
tion and publication as by law
provided.
Introduced the 9th day of Feb~
ruary. 1961.
Rule requiring reading on three
separate ddYS suspended by unan-
imous \'ote the 9th day of Feb-
ruary 1~61.
Passed by recorded roll call vote,
adopted and approved this 27th
day February. 1961.
JOHN P. SCHREIBER
Mayor
LEG N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Couneilmen.
Attest: LEO F. FROMMELT
City Clerk.
Publlahed officially in The Tele~
graph-Herald ne\';rspaper this 2nd
day of Mal ch 1961.
LEO F. FROMMELT
It. 3/2 CIty Clerk
Councilman Schaller moved the
adoption of the Ordinance. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of pub.
lie hearing to consider rezoning of
Lot 1 of Connors Grandview Place
from Single Family District Class-
ification to Multiple Residence Dis.
trict Classification, presented and
Session, February 27, 1961
Councilman Schaller moved the
adoption of the Ordinance. Second-
ed by Councilman Takos. Carried
by the fOllowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos,
Nays-None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were issued during
the month of January 1961, pre-
sented and read.
Mayor Schreiber moved that the
proof of publication be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
Rean, Schaller, Schueller, Ta.
27, 1961
To the Honorable
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise that I have
approved the following bond and
desire to have your approval on
same, subject to the approval of
the City Solicitor
PERSONAL BOND
Western Surety
Councilman Schaller moved that
the bond be received and filed.
Seconded by Councilman Schueller.
Carried by the fOllowing vote:
Yeas-Mayor Schreiber, Coun~
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
..
Romolo N. Russo,
Company,
Respectfully submitted,
Gilbert D, Chavenelle,
City Manager
February
Mayor
Special
men
kos,
Nays-None.
;t-
,
27, 1961
Session, February
ORDINANCE NO. 4-61
An Ordinance Ameding the Zon-
ing Map and Zoning Ordinance of
the City of Dubuque, Iowa, as pro-
vided by Ordinance No. 3-34, desig-
nated the Zoning Ordinance so as
to change the herein described
area from Heavy Industrial Class.
ification to Restricted Industrial
Classification, said Ordinance hav-
ing been presented and read at the
Council meeting of February 9,
1961, presented for Final Adoption.
(ORDINANCE NO. 4-61
An Ordinance Amending the Zon-
ing Map and Zoning Ordinance of
the City of Dubuque, Iowa, as
provided by Ordinance No. 3.34.
designated the Zoning Ordinance,
so as to change the herein describ-
ed area from Heavy Industrial Dis-
trict Classification to Restricted
Industrial District Classification.
Be It Ordained by the City Coun.
ell of the City of Dubuque. Iowa:
Section 1. That the Zoninl': Map
of the City of Dubuque, as pro~
vided by Ordinance No. 3-34, de-
signated the Zoning Ordinance. be
and the same is hereby amended
and changed by changing from its
present Heavy Industrial District
Classification to Restricted In-
dustrial District Classification the
property described as follo'....s:
Blocks 9. 10. 11. 12, 13, 14, 15,
16. 17, 18 and 19 of River Front
Subdivision Number 3. in the
City of Dubuque, Dubuque
County, Iowa.
Section 2. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and pUblication as by law pro-
vided.
Introduced the 9th day of Febru-
ary. 1961.
Rule requiring reudin.e: on three
separate days suspended by unan-
imous vote the 9th day of Febru-
ary, 1961.
Passed by recorded roll call
vote, adopted and approved this
27th day of February. 1!l61.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
Lours SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: Leo F. Frommelt
City Clerk
Published officially in The Tele-
graph-Herald newspaper this 2nd
day of March 1961.
. LEO F. FROMMRLT
1. 3/2 City Clerk.
Special
76
~
l____'"'.....>I-..
ili'ifJi~.;,,~.
79
Councilman Schueller moved
that the City Solicitor be directed
to acquire all information possi~
ble to see what could be done as
to the inauguration of a museum.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Coun.
cilmen Kean, Schaller, Schueller,
Takas.
Nays-None.
Councilman Takas moved that
the Building Commissioner be in-
structed to up-date the Zoning Or~
dinance. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takas.
Nays-None.
There being no further business
Councilman Schaller moved to ad-
journ. Seconded by Councilman
Takos. Carried by the following
vote
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
N ays--N one.
LEO
CLASS "B" BEER PERMIT
Alan R. Uppinghouse, 238-240 West
6th St.
Gerald p,
O'Meara,
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
253 Main St.
.
Councilman Takas moved that
the petition be referred to the
Mayor. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koso
Nays-None.
Petition of Viola Boal et a1 ob-
jecting to dogs running loose in
the area of Stoltz and Saunders
Street, presented and read. Mr.
John Haferbecker of 160 Stoltz
Street addressed the Council by
stating that the stray dogs are
running in packs in the area and
requested that something be done
about it. Mayor Schreiber moved
that the petition be referred to the
City Manager. Seconded by Coun-
cilman Takas. Carried by the fol-
lowing vote:
Yeas - Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos,
Nays-None.
F. FROMMELT
City Clerk
~
'...~.
""..,."".",.....".1961.
"""..""...."...1961.
City Clerk.
Session, February 27, 1961
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
RESOLUTION NO. 63.61
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is
hereby directed to issue to the
following named applicants a beer
permit.
Notice of claim of Walter Hert-
ner of 470 Kaufmann Avenue, in
the amount of $150. for damage
to his home as the result of con-
struction of the Kaufmann Avenue
Street sewer by Hennessey Bros.
on January 15, 1961, presented and
read. Councilman Takos moved
that the notice of claim be re-
ferred to the City Solicitor for
investigation and report. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, CouncH.
men Kean, Schaller, Schueller,
Takas.
Nays-None.
Communication of League of
Iowa Municipalities addressed to
Councilman Schueller, requesting
that he attend a meeting of the
League at Des Moines on Friday,
March 10, 1961, to discuss ways
and means of promoting the pas-
sage of legislation allotting to
cities and towns 15% of the road
use tax money. Councilman Takas
moved that Councilman Schueller
be authorized to attend. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Approved
Councilmen
Adopted
Attest
Special
Session, February 27, 1961
Mr. Paul Barton, Ken Carlo and
Mr. Krackow addressed the Coun.
cil in support of the petition by
making inquiry as to the possibil-
ity of having the curb changed. It
seemed to have resolved itself to
the idea that it is a problem be~
tween the subdivider and the
home owner.
Passed, adopted and approved
this 27th day of February, 1001.
JOHN
Councilman Takas moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Car-
ried by the followiog vote:
Attest
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None.
Special
78
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
SCHREIBER
Mayor
P.
LEO F, FROMMELT
City Clerk
i
I
,
RESOLUTION NO. 62-61
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
that the fOllowing applications be
granted and licenses be issued up-
on the compliance with the terms
of the ordinances of the City.
CLASS "B" BEER PERMITS
Alan R. Uppinghouse, 238.240 West
6th St.
Gerald p, O'Meara, 253 Main St.
Passed, adopted and approved
this 27th day of February, 1961.
JOHN p, SCHREIBER
Mayor
LEO N. SCHUELLER
LOU1S SCHALLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
LEO F, FROMMELT
City Clerk
.~.
Attest
Petition of Peoples Natural Gas
requesting permiSSion too excavate
in Carter Road to service the new
Eagle Food Center, presented and
read. Mayor Schreiber moved that
permission be granted. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
Kean, Schaller, Schueller,
Petition of Raphael W. Grant et
al objecting to the combination
curb and driveway entrances to
their properties on AUura Drive
in Marycrest Subdivision, present.
ed ,:nd read. Councilman Takos
moved that the rules be suspended
to allow anyone present to address
the Council if they so desire. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos.
Nays-None
men
Takos.
Nays-None.