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1961 May Council Proceedings i a } ' t- Regular Session, May 1, 1961 171 (ITY (OUN(IL (OFFICIAL) Regular Session, May 1, 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 this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting, Communication of Iowa State Highway Commission submitting "application for approval of under- ground construction on State High- way Right of Way" for disconnect- ing and capping gas services on Central Avenue, between 20th and 21st Street, presented and read. Councilman Schueller moved that the Clerk be authorized to sign the application. Seconded by Coun- cilman Takos, Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None, Communication of Iowa State Highway Commission submitting "application for approval of under- ground construction on State 13igh- way Right of Way" far disconnect- ing six water services between 20th and 21st street on Central Avenue, presented and read. Coun- cilman Schueller moved that the Clerk be authorized to sign the application. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Communication of John Petrakis expressing his sincere thanks for the honor bestowed upon him in naming the Fourth Street Ball Park "Petrakis Park", presented and read. Councilman Takos moved that the communication be re• ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Communication of Representa- tive James E, Bromwell, commend- ing apoem to the attention of the City Council about the City of Dubuque which was written by the father of Miss Mary L. Matthews of Springfield, Illinois, presented and read. Councilman Takos moved that the communica- tion be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Takos. Nays-None. Communication from the Bar- ber's Local stating that they have gone on record as favoring Day- light Saving Time, presented and read. Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council• men -Kean, Schaller, Schueller, Takos. Nays-None. Communication of Mrs. A. C. Hemmer suggesting that the Coun- cil will see fit to go on Daylight Saving Time, presented and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Communication of Dr, S. Tabak requesting action for Daylight Sav- ing Time in the interest of his business, presented and read. Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. i,i l i ,; ;;,~ ':, ~ ''I j ~'',{~ aR ~~ "~~I t. 172 Regular Session, May 1, 1961 April 27, 1961 Hon. Mayor & City Council City Hall Dubuque, Iowa Gentlemen; On April 12, 1961, there was filed a communication by the firm of O'Connor, Thomas, McDermott & Wright on behalf of Standard Oil Company of Indiana, request- ing that the City of Dubuque, Iowa, execute and deliver to Chicago, St. Paul & Pacific Railroad Co. releasing its rights of reverter con- tained in the original grant to the railroad company by the City of Dubuque of the following de- scribed property: Lot 747 in the City of Dubuque, Iowa, according to the United States Commissioner's Map of the Town of Dubuque, Iowa, This communication was re• ferred to the City Solicitor and to the Engineering Department of the City of Dubuque, Iowa, and it is our opinion that the City of Dubuque, Iowa, should not release any interest in Lot 747 in the City of Dubuque, Iowa, according to the United States Commissioner's Map of the Town of Dubuque, Iowa, for the reason that a release of interest would be inconsistent with plans for the future develop- ment of that area. Respectfully submitted, R. N. Russo City Solicitor Councilman Schueller moved that the communication be re- ceived and made a matter of rec• ord. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Communication of Dave Ham• mer attorney requesting permis- sion to address the Council with reference to the reverter clause in the deed to Lot 747 in con• nection with a proposed lease covering said lot, owned by the Chicago, Milwaukee, St. Paul and Pacific Railroad Co., part of which is presently occupied by the Standard Oil Co. presented and read. Councilman Schueller moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Takos. Nays-None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Attorney Hammer addressed the Council by stating that the title objections of the provision for reverter must be eliminated before Standard Oil can proceed with construction of a proposed modern service station building. The con- struction of a modern service sta- tion would benefit the community which would help the urban re- newal program and would be con- sistent with the interests of the Council in improving the down- town area of the City. Communication of Dubuque County Society for Crippled Chil- dren & Adults Inc., urging the Council to adopt a policy of hiring handicapped persons whenever possible, presented and read. Coun- cilman Takos moved that the com- munication be referred to the City Manager for his consideration. Seconded by Mayor Schreiber, Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Communication of Coates Insur• once Agency advising of the can- cellation of comprehensive Lia- bility policy A 504670 issued in behalf of Schueller Blacktop Co. presented and read. Councilman Schaller moved that the communi- cation be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Regular Session, May 1, 1961 173 May 1, 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 for filing, sub- ject to the approval of the City Solicitor: HEATING Herbert S. Hanselmann, Roger Hanselmann, and Harry Williams d/b/a Hanselmann Brothers and Company, American Casualty Co. Penna. of Reading , Holland Furnace Co., The Ohio Casualty Insurance Company. SIDEWALK Leonard Timmerman d/b/a Tim- merman Construction Co., The Travelers Indemnity Company. Willy Construction Company, Fidelity & Casualty Company. Cyril Hanten, Western Surety Company. EXCAVATION Heitzman Const. Co., Policy No. XAP 110705, The Fidelity & Cas- ualty Co. of New York. Thomas Flynn Coal Company et al., Policy No. A 504711, Coates Insurance Agency. - Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schaller moved that the filing of the bonds and policies be approved subject to the ap- proval of the City Solicitor. Sec- onded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos, Nays-None, May 1, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: One of your council members has requested an investigation of ± the traffic situation at the inter- - section of Saunders, West 32nd and Lemon Streets. This location has been checked and it is recommended that a stop sign be placed at the south- west corner of Saunders and Lemon Streets so that north- westerly traffic on Saunders Street will be stopped before entering Lemon Street. It is suggested that the City Solicitor draft an amendment to the ordinance accordingly. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved, and proper proceedings be prepared. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. May 1, 1961 Honorable Mayor and City Council Dubuque, Iowa Gentlemen; You have referred to your staff petitions for stop signs for traffic moving east and west on West Third Street at the Alpine Street intersection and for traffic moving north and south on Hill Street at the intersection of Langworthy. An investigation of the location has been made, and I do not recommend the stop s i g n installation. The Traffic Department will however mount "children cross- ing" signs and paint cross walks and wavy line in the street extend- ing back approximately fifty feet from the intersection. This work will be done on: Hill and Langworthy West 3rd at Alpine West 5th at Alpine. Respectfully, 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. May 1, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: One of your council members requested an investigation of the ~~~ ~' I I~~ C~ ;;~i 174 Regular Session, May 1, 1961 street lighting at the intersection of Fourth and Bluff Streets. A 6000 lumen light is presently mounted on the northeast corner. It is however concealed by trees. I recommend therefor that an ad- ditional fi0001umen light be placed at the southwest corner of the intersection. Should these two 6000 lumen lights not produce the desired brightness, they can be changed to 10,000 lumens, Respectfully, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. May 1, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: One of your council members requested us to investigate the changing of a street light from Auburn and University to the Loras-University intersection, We find that there is a street light at Loras and University and therefore no new installation is required at this intersection. We do not recommend that the present light be removed from the A u b u r n-University intersection. We recommend however that a new light be installed at Delhi and University and Custer and Algona Street intersections, 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, Takos. Nays-None. May 1, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to the Engi- neering Department petitions from the Peoples Natural Gas Company for 3'x5' street cuts at Caledonia and West Eighth Streets and Foye and West Locust Streets. The City Engineer met with the officials of the Gas Company and he has determined that the mains can only be connected by way of the requested routes, It is therefore recommended that the petitions be granted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Apri126, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Francis J. Apel and Wayne E. Reicher requesting Vacation of an alley between their properties on South Algona Street lying between Lots 7 & 8 O'Neills Sub. No. 3 has been examined by the Planning & Zoning Commission. This alley connects to the main alley that serves all the properties, The Planning & Zoning Com- mission recommends the Vacation of this alley. Respectfully submitted, Dubuque, Planning & Zoning Commission By R. D. Waller Chairman Councilman Schueller moved that the recommendation of the Commission be approved and proper proceedings be prepared. Seconded by Mayor Schreiber. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Regular Session, May 1, 1961 175 April 26, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Eugene W. Coff- man, M.D, requesting permission to use a portion of South Hill Street for access driveway to park- ing area in the side and rear of present building has been exam- ined by the Commission. The use of this property will not affect the public use of South Hill Street and the Planning & Zoning Commission recommends granting the petition with the proper conditions such as retain- ing wall and etc. Respectfully submitted, Dubuque Planning & Zoning Commission By R. D. Waller, Chairman j Councilman Schaller moved that the recommendation of the Com- mission be approved and that prop- er proceedings be prepared, Sec- onded by Mayor Schreiber. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. April 26, 1961 To the Honorable Mayor ' and City Council, Dubuque, Iowa. Gentlemen: The Petition of St. Anthony's Church presented by Msgr. S. D. Luby has been examined by the Planning & Zoning Commission. The alley in question serves mainly the church property and the granting of the request for vacating 1.5 foot of same will not impair the public use of same. The Planning and Zoning Com- mission recommends Granting the petition. Respectfully submitted, Dubuque Planning & Zoning Commission ~ By R. D. Waller, Chairman Councilman Kean moved that the recommendation of the Com- mission be approved and that prop- er proceedings be prepared. Sec• onned by Councilman Takos. Cor- i ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. April 26, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Vincent Conrad requesting Vacating an alley in Mechanics Addition described on attached plat as Lot 79A for iden- tification purposes has been ex- amined by the Planning & Zoning Commission. This alley serves only property owned by the petitioner, serves na public need and the Commission recommends vacation of same. Respectfully submitted, Dubuque Planning & Zoning Commission By R. D. Waller, Chairman Councilman Schaller moved that the recommendation of the Com- mission be approved and that prop- er proceedings be prepared. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. April 26, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Fay Steger re- questing permission to relocate a portion of Ethel Street has been examined by the Planning & Zon- ing Commission. The Vacation and new dedica- tion will eliminate a sharp turn in this street. The Planning & Zoning Commis- sion recommends granting the re• quest. Respectfully submitted, Dubuque Planning & Zoning Commission By R. D. Waller, Chairman Councilman Schaller moved that the recommendation of the Com- mission be approved and that prop- er proceedings be prepared. Sec- onded by Councilman Kean. Car• ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. 176 Regular Session, May 1, 1961 April 24, 1961 Hon, Mayor & City Council, City Hall, Dubuque, Iowa Gentlemen: On February 17, 1961, Mr, Jo- seph G. Luschinger, of R.F.D. No. 2, Dubuque, Iowa, filed his claim against the City of Dubuque, Iowa, in the amount of $1200,00 for dam- ages to his vehicle and for per- sonal injuries allegedly resulting from striking a manhole cover on February 12, 1961 on Asbury Road in the 2900 block. I have made an investigation of this matter and it is the opinion of the City Solicitor that there was no actionable negligence on the part of the City causing this accident and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Solicitor Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. April 24, 1961 Hon. Mayor & City Council, City Hall, Dubuque, Iowa. Gentlemen: On April 5, 1961, Mr. David Wa• Lech of 1859 Finley St., Dubuque, Iowa, filed claim for damages against the City of Dubuque, Iowa, in the amount of $76.29 by rea- son of damage suffered to his car in colliding with a chunk of con- crete at north end of alley be- tween Mt. Pleasant & Wood Street on March 26, 1961. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached. Respectfully submitted, R. N. Russo City Solicitor Mayor Schreiber moved that the recommendation of the City So- licitor be approved. Seconded by Councilman Kean, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. April 24, 1961 Hon. Mayor & City Council, City Hall, Dubuque, Iowa. Gentlemen: On April 10, 1961, Milton Gu- toehrlein of 1289 Walnut St., Du- buque, Iowa, filed his claim in the amount of $47.09 by reason of damage to his vehicle from al- leged defective street at the cor- ner of Summit & Fenelon Place in the City of Dubuque, Iowa, I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached. Respectfully submitted, R, N. Russo City Solicitor Councilman Schaller moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. April 24, 1961 Hon. Mayor & City Council City Hall Dubuque, Iowa Gentlemen: On or about March 27, 1959, Kathleen Ryan, now Kathleen Ryan Steuck, filed an action against the City of Dubuque, Iowa and Board of Park Commissioners of the City of Dubuque in the District Court of Iowa, same being Law No. 35966, claiming the amount of $6,500,00 as damages for injuries suffered as a result of a fall in Grand View Park on or about April 22, 1958, That the said plaintiff, Kathleen Ryan Steuck, through her attor• neys, have made an offer of set- tlement in the amount of $750.00, and it is the opinion of the City Solicitor that said offer should be accepted. It is therefore recommended that the City Auditor be instructed to draw a warrant payable to Kath- Regular Session, May 1, 1961 177 leen Ryan Steuck and Robert - Steuck, her husband, in the amount of $750.00 and to deliver same to the City Attorney for transmittal upon receipt of duly executed re- - leases and dismissal of the fore- going action with prejudice. Respectfully submitted, R. N, Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Au- _° ditor be instructed to issue a war- rant payable to Kathleen Ryan Steuck and Robert Steuck, in the amount of $750, and deliver same to the City Attorney. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None, Notice of claim of Mary Kretz, in an un-named amount, for per- sonal injuries received in a fall about fifty feet east of the south- - east corner of 16th & White street - on March 2, 1961, presented and - read. Mayor Schreiber moved that the notice of claim be referred to the City Solicitor for investigation - and report. Seconded by Council- man Schueller. Carried by the fol- ~: lowing vote: Yeas-Mayor Schreiber, Council• =_ men Kean, Schaller, Schueller, Ta- kos. Nays-None. Notice of Suit of Jennie Burkart vs. City of Dubuque and Corrine Howe, in the amount of $35,000 as the result of a fall on a defective sidewalk on Walnut Street on Feb- ruary 9, 1961, presented and read. Mayor Schreiber moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Notice of suit of David Busch, by Bernell Busch his father, vs. City of Dubuque and Underground Contractors Inc. in the amount of $20,000 for personal injuries re- ceived as the result of a fall from a bicycle by said David Busch, due to the condition of Montcrest Street on October 10, 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 Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of University of Du- buque requesting vacation of two alleys in Reche's Subdivision be- tween Campus Lane and Grace Street from Auburn Street to Al- gona Street, presented and read. Councilman Schaller moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. Petition of W. L. Meyers of 320 King Street requesting removal of a tree located on the corner of his residence, presented and read. Councilman Schaller moved that the petition be referred to the Park Board. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Emmett Kennedy et al requesting repair of Chaney Road between Hillcrest and Penn- sylvania Avenue, presented and read. Councilman Schaller moved that the petition be referred to the Manager and Street Depart• meet. Seconded by Councilman Kean. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Jeanette Reiser et al requesting a proper fenced in play- ground somewhere between 11th and 14th on Bluff Street, presented and read, Mrs. Mary Ness of 1235 Bluff Street addressed the Council by suggesting possible sites for a ~,' 178 Regular Session, May 1, 1961 suitable playground in the area name 1 y the old Westminster Church at 13th & Locust or the old apartment building at the cor- ner of W. 12th & Bluff Streets. Councilman Schueller moved that the petition be referred to the City Manager and Recreation Commis- sion. Seconded by Councilman Schaller, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Dubuque County His- torical Society requesting a joint meeting with the Dock Commis- sion, City Council and representa- tives of their society, possibly May 8, 1961, presented and read. Mayor Schreiber moved that the petition be referred to the City Manager. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of J. J. Sullivan et al requesting rezoning of Lots 7 & 8 in Finley's Addn, from Two Fam- ily residence district classification to Local Business District "B" pre- sented and read. Mayor Schreiber moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, Petition of George Bergman et al objecting to the rezoning of Lots 7 & 8 in Finley's Addn. being thoj block on Asbury Ibetween Cherry & Green Streets, presented and read. Mayor Schreiber moved that the petition of objection be referred to the Planning & Zoning Commission. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Fraternal Order of Eagles requesting permission to hold a parade on Saturday May 13, 1961 of the junior Eagles Drum and Bugle Corps, presented and read. Councilman Schueller moved that the petition be granted. Sec- onded by Mayor Schreiber. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Lawrence Schwartz requesting a refund of $150 on the unexpired portion of beer license No. 12, as he has discontinued bus- iness on May 1, 1961, presented and read. Mayor Schreiber moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Lawrence Schwartz in the amount of $150 to cover the amount due on the unexpired portion of beer license No. 12. Sec• onded by Councilman Schaller. 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 notice of time and place of hearing to dispose of kitchen equipment at Bunker Hill Golf Course, presented 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- men Kean, Schaller, Schueller, Ta- kos. Nays-None. No bids of any kind were re- ceived, either written or oral, for the purchase of the kitchen equip- ment at Bunker Hill Golf Course. Councilman Takos moved that the matter of the proposed sale of the kitchen equipment at Bun• ker Hill Golf Course be referred back to the City Manager and Rec- reation Commission for further in• vestigation. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Regular Session, May 1, 1961 179 April 27, 1961 Hon. Mayor & City Council City Hall Dubuque, Iowa Gentlemen: On February 26, 1959, City of Dubuque, Iowa, acquired by deed the following described property: Lot 30, Lot 31, Lot 1 of Lot 32, Lot 2 of Lot 32, Lot 33 and Lot 34 all in Block 6, Grandview Park Addition, City of Dubuque, Iowa. The foregoing property had been owned by Llewellyn A. Cox and Bernadette M, Cox. The Dubuque County acquired the above described real estate at tax sale on the 1st day of Decem- ber, 1952, far the delinquent and unpaid taxes for the year 1949, 1950 and 1951. That by virtue of special assess- menu, general taxes paid by the City of Dubuque, Iowa, together with interest thereon computed by the City Treasurer of Dubuque, Iowa, up to March 31, 1961, the City of Dubuque, Iowa, invested in said described real estate the sum of $4,273.61. It is my understanding that Llewellyn A. Cox is now deceased and that Bernadette M. Cox has requested to re-purchase all of said lots and has offered to pay the sum of $4,273.61, plus interest and penalties as computed by our City Auditor. ~ It is the recommendation of the City Attorney that said offer by Bernadette M. Cox be accepted for the reason that the Council should consider the equities of this mat- ter and Bernadette M. Cox should ,. have first opportunity to re-pur- chase said property, and for the further reason that there were oth- er liens against this property which were satisfied by Llewellyn A. Cox and Bernadette M. Cox, ' - I have conferred with your City Manager, Mr. Gilbert D. Chave- nelle and he concurs in the fore- going opinion. Respectfully submitted, R. N. Russo '! City Attorney by Councilman 'r'axos. ~arrtea uy the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0.118.61 WHEREAS the City of Dubuque, Iowa, acquired the following de- scribed property. Lot 30, Lot 31, Lot 1 of Lot 32, Lot 2 of Lot 32, Lot 33 and Lot 34 all in Block 6, Grandview Park Addition, City of Dubuque, Iowa, from Dubuque County, Iowa, which acquired the same through tax sale; and, WHEREAS Llewellyn A. Cox and Bernadette M. Cox were the owners of said real estate prior to said tax sale; and, WHEREAS Bernadette M. Cox has requested City Council that she be permitted to re-purchase said described real estate from the City of Dubuque for the sum of $4,273.61 plus interest and penal- ties as computed by the City Audi- tor; and, WHEREAS it appears that the City of Dubuque has the sum of $4,273.61 invested in said de- scribed real estate by reason of unpaid general taxes and unpaid special assessments; and, WHEREAS it appears that the said Llewellyn A, Cox and Berna- dette M. Cox have satisfied other liens against the above described real estate and that in addition to the sum of $4,273.61 owing the City of Dubuque, Iowa, there re- mains unsatisfied of record a tax lien in favor of Iowa State Tax Commission in the amount of $805.71; and, WHEREAS it appears to the City Council that said above described real estate should be disposed to Bernadette M. Cox for the sum of $4,273.61 plus interest and penal- ties as computed to the date of delivery of conveyance which con- veyance shall be made subject to State Tax lien in favor of Iowa State Tax Commission in the arnaunt of $805.71. NOW THEREFORE BE TP RE- enr irtin t,.. Ft.., n;t.. n~,,.,,,;1 „f Councilman Schaller moved that the City of Dubuque, Iowa: the recommendation of the City Section 1. That the offer of Ber• Attorney be approved. Seconded nadette M. Cox to purchase the `F „~,7 `,;i r,~ I~u~: i i„'e' _i =i ~'~, 'I :' ~', ~I ~' 180 Regular Session, May 1, 1961 following described real estate; Lot 30, Lot 31, Lot 1 of Lot 32, Lot 2 of Lot 32, Lot 33 and Lot 34 all in Block 6, Grandview Park Addition, City of Dubuque, Iowa, for the sum of $4,273,61 plus in- terest and penalties as computed by the City Auditor should be ac- cepted by the City of Dubuque, Iowa. Section 2. The City Clerk is hereby ordered and directed to publish notice of intent by the City of Dubuque, Iowa, of its intention to dispose of the above described real estate to Bernadette M. Cox as said publication is by law pro- vided. Passed, adopted and approved this 1st day of May, 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 Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Takos, Car• ried 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 Notice to Con- tractors for the receipt of propos- als for the construction of the City of Dubuque 1961 Concrete Curb & Gutter Project No. 1, Section 1, on the following portions of the following named streets; 1. O'Neill Street from West Property Line of Brunswick Ave- nue to the East Property Line of Lot 103 Belmont Addition, 2, Emerson Street from the Southeast Property Line of Pres- cott Street to the Northwest prop- erty line of Lincoln Avenue. 3. Carlton Avenue from the West Property Line of Brown Avenue to the Southwest end of 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 Property Line of Esther Street to the West end of Bush Street. 6. Riker Street from West Prop• erty Line of Valley 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 Property Line of Hill Street to the West Property Line of Prospect Street, north side only. 9. Lorimer Street from North Property Line of Levi Street to the North Property Line of South Ave- nue Addition. 10. Lenox Avenue from North Property Line of Van Buren Ave• nue to the South Property Line of Pennsylvania Avenue. Presented and read. Councilman Schueller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None, May 1, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instruction sealed bids were received until 10:00 A.M. Monday, May 1, 1961, for the City of Dubuque 1961 Con- crete Curb & Gutter Project No. 1. The lowest bid submitted was en- tered by Schueller Blacktop Com- pany of Dubuque, Iowa. The bid was 15.09% under the estimate. A tabulation of the bids submitted are attached. I therefore recommend that the contract for the improvement be awarded to Schueller Blacktop Company. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Mayor Schreiber, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Regular Session, May 1, 1961 181 (Awarding Contract) RESOLUTION N0. 119.61 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1961 Concrete Curb and Gutter Project No. 1 pursuant to Resolution No. 83-61 and notice to bidders pub- lished in a newspaper published in said City on April 5, 1961 and April 12, 1961; and WHEREAS, said sealed propos- als were opened and read on May 1, 1961, and it has been determined that the bid of Schueller Blacktop Co, of Dubuque, Iowa in the amount of $32,406.93 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Company of Dubuque, Iowa 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- successful bidders. Approved and placed on file for one week on May 1, 1961. Passed and adopted this 1st day of May, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER 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 Kean. 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 Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1961 Concrete Paving with Integral Curb (Alternate) on the following portions of the fol- lowing named streets: 1. Emerson Street from South- east property line of Prescott Street to Northwest property line of Lincoln Avenue. 2. Carlton Avenue from 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. 4. Bush 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, Lorimer Street from the North property line of Levi Street to the North property line of South Ave- mxe Addition. Presented and read. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. May 1, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen; Sealed bids were received until 10:00 A.M., Monday, May 1, 1961 for the City of Dubuque 1961 Con- crete Paving with Integral Curb (alternate). The bids received were 13.0%, and 7.70% under the es- timate for the project. As instructed, this alternate bid was received fora number of streets included in the concrete curb and gutter project and the bituminous project. A comparison of the improvement of these streets is as follows: 182 Regular Session, May 1, 1961 Street Concrete Paving Curb & Gutter With Bitum[nous % Difference Emerson $4.82/sq•yd. $3.50/sq.yd. 22.4 Carlton 4.87/sq•yd. 3.86/sq•yd. 21.0 St. George 4.49/sq.yd. 3.09/sq•yd. 21.2 Bush 4.59/sq.yd. 3.47/sq.yd, 24.6 Lorimer 4.95/sq.yd• 3.95/sq.yd. 20.3 Riker 5.36/sq.yd. 3.91/sq.yd. 27.0 Although the bids received for the concrete paving with integral curb were under the estimate, I recommend that the City of Du- buque 1961 Concrete Paving with Integral Curb (alternate) be de- leted from the program and that the City Treasurer be authorized to return the bid deposits to the bidders for this project. Very truly yours, Gilbert D, Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Schaller. 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 Notice to Contractors °f the receipt of pro- posals for the construction of City of Dubuque 1961 Bitumin°us Con- crete Paving Project No. 1, Section I and III, on the following portions of the following named streets; Section I 1, Lawndale Street from North Property Line of Park Street to North End of Street. 2. O'Neill Street from West Property Line of Brunswick Ave- nue to East Property Line of Lot 103 Belmont Addition. 3. Emerson Street from West Property Line of Lincoln Avenue to East Property Line of Prescott Street. 4, Carlton Avenue from West 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 Line 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 Riker Street. 8. Woodlawn Street from North Property Line of Asbury Road to South Property Line of Lindale Street. 9. Lindale Street from West Property Line of Lot 3 of Clarence Strub's Subdivision to East Prop- erty Line of Lot 2-1.30 of High- land Park Addition. 10. Karen Street from East Prop• erty Line of Lot 9 Block 1 Clover Hills Subdivision to East Property Line of Carter Road. 11. Kevindale Street from North Property Line of Karen Street to South Property Line of Lindale Street. 12. Avoca Street from South Property Line of Cherry Street to North Property Line of Decorah Street. 13. Decorah Street from West Property Line of Avoca Street to West Property Line of Irving Street, 14. Solon Street from East Prop- erty Line of Nevada Street to West Property Line of Booth Street. 15. Keokuk Street from North- west Property Line of Primrose Street to Northwest End of Street. 16. Alpha Avenue from South Property Line of Illinois Avenue to North Property Line of Van Buren Street. 17. West 7th Street, from East Property Line of Hill Street to West Property Line of Prospect Street. 18. Lorimer Street from North Property Line of Levi Street to North Property Line of South Ave- nue Addition. 10. St. Anne's Drive from West Property Line of Chaney Road to West Property Line of St. Anne's Subdivision, Block 1, 20. Collins Street from North Property Line of St. Joseph Street to South Property Line of Lom- bard Street. ...- 183 's gegular Session, May 1, 196 •_- ublished in a newspaper pub- --' West ~ ders P on April 5, lisped in said Cit 1961; and 21. L0 Line of tCollins Street to 1961 and April 12+ ro os• property Line of Gondolfo WIiEREAS, said sealed P P West Property als were opened and read o dhter Street. 1, 1961, and it has been Schuel- Section III North that the bid of mined Company of Dubuque, 1, Lombard Street frOStreet to ler Blacktop ~1,p68.34 Property Line of Dodge of Lot 2 k Line Iowa in the amount of $ ish- the West Property of 2 of 1 was the lowest bid for the fern of 1 of 1 ofl of 1 of 1 ing of all labor and materiTOVided of 1 of Lot 2 of Sisters Addition. Performing the work as p ecifications; presented and read. Counolof of laps and sP _ Schaller moved that the P n°o~y therefore, the City publication be received andTakos. IT RESOLVED of Dubuque Seconded by Councilmanvote: Co ncil of the City above Carried by the following Council- Ma or Schreiber, that the ~ m r ovementtbe award- Yeas- Y Schueller, Ta- mentioned • P Company, men Kean, Schaller, ed to Schueller Blacktop kos. of Dubuque, Io her ytdirectedgto Nays-None. be and he is May 1, 1961 execute a cont uaetfoT the acomPlete City of Dubuq performance °f,~RwOREhOLVED, To the Honorable Mayor BE IT FUR and City Council of said con• Dubuque> Iowa that upon the signing instructions, tract and the approval of the con- Gentlemen: the City 'lY'easurer Pursuant t0 y°Ureceived until tractors bond instructed to re- sealed bids were 1 1961, is authorized an osits of the unsuc• 10:00 A•M• Monday, Mue 1961 Bi• turn the bid dep for the City of Dubuq .ect No. 1, cessful bidders. laced on file for Approved and P 1 1961. Passed tuminous C01cThe lowest bid sub- . of MaY, Section N°• Schueller one weekted thisy 1st day mined was entered of Dubuque, and adop Blacktop ComPanY was 1961. JOHN P SCHRElls~n The bid submitted tab- Mayor Iowa. lq lggo under the estimate- A LEO N. SCH~LI'~' ulation of the bids received is at- LOSS SCHALLER tached. end that con- JAMES J, KERN I therefor the C° P ovement be pig J. TAKOS tract for chueller Blacktop Councilmen awarded to S F FROMMELT Company- Attest: LEO City Clerk Respectfully submitted, Gilbert D. Chavenelle Manager Councilman Schaller moved t e City adoption of the rCKean10Carried by ed by Councilman Councilman Schaller°mothe City the following vote: Council- the recommendation Ma or Schreiber, Schueller, Ta- be approved. Seconded by I yeas- Y haller he Manager cilman Kean. Carried by t , men Kean, Sc Coun vote: following Council- or Schre kos. Nays-None. MaY 1 1961 schueller, Ta• Yeas-May men Kean, Schaller, I Mayor To the HO kos, ~ouncil and City Nays None. City of Dubuque (Awarding Contr12p.61 ESOLUTION NO• Dubuque, Iowa Gentlemen: instructions, R roposals sealed P WHEREAS, contrac• bmit our pursuant t0 Y received until . ealed bids were 1 1961 May have been su °f Dubuque 1961 tors for the City ect N°' Concr l S 10:00 AM. Monday, for the City of Dubuque 1961 Bi• ProleCt N0. 1, to Reso• Bituminous u suant Section No• 1 p tice to bid- 1 tuminous Concrete , lution No. 86-61 and no i j ,~ 1~, '', 184 Regular Session, May 1, 1961 Section III. The lowest bid sub• mitted was entered by Schueller Blacktop Company of Dubuque, Iowa. The bid was 19.50% under the engineer's estimate. A tabula- tion of bids submitted are attached. I, therefore, recommend that the contract for the improvement be awarded to Schueller Blacktop Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. (Awarding Contract) RESOLUTION N0. 121.61 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque Bi- tuminous Concrete Project No. 1, Section IH pursuant to Resolution No. 86.61 and notice to bidders published in a newspaper pub• lished in said City on April 5, 1961 and April 12, 1961; and WHEREAS, said sealed propos- als were opened and read on May 1, 1961, and it has been determined that the bid of Schueller Black• top Co. of Dubuque, Iowa in the amount of $2,185.52 was the low- est bid far the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Company of Dubuque, Iowa 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 1T 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 return the bid deposits of the unsuccess- ful bidders. Approved and placed on file for one week on May 1, 1961. Passed and adopted this 1st day of May, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption f the resolution. Seconded by Councilman Kean. 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 Notice to Con- tractors of the receipt of proposals for the construction of City of Du- buque 1961 Concrete Paving with Integral Curb, Project No. 1, for the improvement of East 16th Street from the East Property Line of Elm Street to the west property line of Sycamore Street, presented and read. Councilman Schueller moved that the proof of publication be re- ceived and f i 1 e d. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. May 1, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your instruction sealed bids were received until 10:00 a.m., Monday, May 1, 1961 for the City of Dubuque 1961 con• Crete Paving with Integral Curb Project No. 1, The lowest bid sub- mitted was entered by Schueller Blacktop Company of Dubuque, Iowa. The bid entered was 10,8% under the engineer's estimate. A tabulation of bids submitted are attached. I, therefore, recommend that the contract for the improvement be Regular Session, May 1, 1961 185 awarded to Schueller Blacktop Councilman Schaller moved the Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller Schueller, Ta- kos. Nays-None. (Awarding Contract) RESOLUTION N0. 122.61 WHEREAS, sealed proposals have been submitted by contract- ors for the City of Dubuque 1961 Concrete Paving with Integral Curb Project No. 1 pursuant to Resolu- tion No, 92.61 and notice to bidders published in a newspaper published in said City on April 5, 1961 and April 12, 1961; and WHEREAS, said sealed proposals were opened and read on May 1, 1961, and it has been determined that the bid of Schueller Blacktop Company of Dubuque, Iowa in the amount of $28,337.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Company of Dubuque Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque far 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 return the bid deposits of the unsuccessful bidders. Approved and placed on file for one week on May 1, 1961. Passed and adopted this 1st day of May, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk adoption of the resolution. 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 Notice to con- tractors of the receipt of proposals for the construction of City of Dubuque 1961 Foamed Asphalt Li- quid Maintenance Project No. 1, for the improvement of Jackson Street from W. 32nd to 12th Street; Loras Blvd. from Walnut Street to Glen Oak Street; 8th Street from Central Avenue to University Ave• nue, presented 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- men Kean, Schaller, Schueller, Ta• kos. Nays-None. May 1, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The bids entered for the City of Dubuque 1961 Maintenance Resur- facing Project No, 1 were not to• tally correct as submitted. I, therefore, recommend that the project be deleted from the pro- gram and that the City Treasurer be authorized and instructed to re- turn the bid deposit to the bidders. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Mayor Schreiber. Vote was as follows on the mo- tion: Yeas-Mayor Schreiber, Council- man Schueller, Nays-CouncIlmen Kean, Schal- ler, Takos, Motion failed to carry. Some question arose to the valid- ity of the Llulgrew Blacktop Inc. bid as submitted far the City of Dubuque 1961 Maintenance resuf• facing Project No, 1, as the Mul- 186 Regular Session, May 1, 1961 grew Blacktop Inc. failed to show the unit price on their bid. Article 7 under heading of "information for Bidders" on the reverse side of bid proposal states "Only actual quan- tities of work performed to the satisfaction of the Engineer will be paid for and at the Unit Price named on the Proposal Sheet." The bid showed Foamed Asphalt 1" thick 3551 Tons as total quantities; no unit price listed; and a total of $30,716.15. On the basis of figures at hand the unit price would figure $8.65 per ton. The Council called upon the City Solicitor for an opinion on the bid as submitted. Before an opinion was given the City Solicitor let it be known that an attorney-client relationship existed between him- self and the Mulgrew Blacktop Inc. The Council was advised that in his opinion the Mulgrew Blacktop Incorporated bid could be consid- ered a bona-fide bid even though the unit bid price was not entered on the proposal. Mr. Thomas J. Mulgrew, President of Mulgrew Blacktop Incorporated was present in the Council Chamber and agreed to a unit price of $8.65 per tan and the bid proposal was so notated. (Awarding Contract) RESOLUTION N0. 123.61 WHEREAS, sealed proposals have been submitted by contractors far the City of Dubuque 1961 Foam- ed Asphalt Liquid Mastic Mainten- ance Project No, 1 pursuant to Re- solution No. 94-61 and notice to bidders published in a newspaper published in said City on April 5, 1961 and April 12, 1961; and WHEREAS, said sealed proposals were opened and read on May 1, 1961, and it has been determined that the bid of Mulgrew Blacktop Inc. of Dubuque, Iowa in t h e amount of $30,716.15 was the low- est bid for the furnishing of all labor 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 improvement be awarded to Mulgrew Blacktop Inc. 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 FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Approved and placed on file for one week on May 1, 1961. Passed and adopted this 1st day of May, 1961. ........... ....Mayor .................... 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 Councilman Kean. Carried by the following vote: Yeas-Councilmen Kean, Schal- ler, Takos. Nays-Mayor Schreiber, Council- man Schueller, Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the improve- ment of Vine Street from Dodge Street to Burns Street with con• Crete steps and railing, presented and read. Councilman Schaller moved that the proof of publication be received and filed. Seconded by Councilman Kean. 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 N0. 124.61 WHEREAS, proposed plans and specifications and form of contract for the improvement of Vine Street from Dodge Street to Burns Street with concrete steps and railing, have been approved by the City Council of the City of Dubuque and public notice given as provided by y ,, ;« Regular Session, May 1, 1961 187 Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bands, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 1st day of May, 1961; and WHEREAS, the City Council met in regular session this 1st day of May, 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 consider- ing 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,aII interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, 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 the Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this first day of May, 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER 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 Kean. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. (Necessity for Improvement) RESOLUTION N0.111~61 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 in the office of the City Clerk showing among other things the following: 1. The Street to be improved, 2. The plan of such improvement. 3. An estimate of the cost of the proposed improvement. for the improvement of Vine Street with concrete steps and railing from Dodge Street to Burns Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and ne- cessary for the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed to have waived all ob• jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared 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 o r d e r e d placed on file with the City Clerk this 17th day of April, 1961. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fin- ally passed and adopted, as pro- posed by the City Council this 1st day of May 1961. JOHN P. SCHRED3ER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk 1$8 Regular Session, May 1, 1961 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• kos. Nays-None. (Ordering Construction) RESOLUTION N0.125.61 B~ IT RESOLVED BY THE CITY COUNCII, OF THE CPfY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 111-61 which was duly passed by this Council for the improvement of Vine Street with concrete steps and railing from Dodge Street to Burns Street 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 the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk, BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Street Construction Fund, BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 1st day of May, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHULLER 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. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the improvement of Vine Street from Dodge to Burns Street with concrete steps and railing, pre- sented and read. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta• kos. Nays-None. May 1, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, May 1, 1961 for improvement of Vine Street from Dodge Street to Burns Street with concrete steps and risers, The lowest bid submitted was entered by Huseman and Scholl of Du• buque, Iowa. The bid was 21.39% below the engineer's estimate. A tabulation of bids received is at- tached, I, therefore, recommend that the contract for the improvement be awarded to Huseman and Scholl. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kas. Nays-None. (Awarding Contract) RESOLUTION N0.126.61 WHEREAS, sealed proposals have been submitted by contractors for the improvement of Vine Street from Dodge Street to Burns Street with concrete steps and risers pur- suant to Resolution No. 125-61 and notice to bidders published in a newspaper published in said City on April 18, 1961; and Wne,nEAS, said sealed proposals were opened and read on May 1, 1961, and it has been determined that the bid of Huseman and Scholl of Dubuque, Iowa in the amount of $1,847.22 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided far in the plans and specifications; now therefore, Regular Session, May 1, 1961 189 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Huseman and Scholl of Dubuque, Iowa and the Manager be and he '. is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform j ante 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- i successful bidders. Passed and adopted this 1st day of May, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHULLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller 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. County Dubuque Proj, No. U-UG-305(13) RESOLUTION N0.127.61 Form #662-P-Act. (Rev. 2.10.60) Resolution consenting to and ap- proving the plans for the improve- , ment of the extension of Primary Road No. U.S. #20 within the City of Dubuque, Iowa. WHEREAS it is proposed to im- prove by Paving and draining 4 lane divided facility and pedestrian ` overpass at Algona Street the ex- tension of Primary Road No. U.S. #20 within the City of Dubuque, Iawa,in accordance with plans filed in the office of the clerk of said City of Dubuque as follows. On U.S. #20 from the westerly corporate limits of Dubuque east- . erly to Grandview Avenue. identified as Proj. No. U•UG-305(13) ~i~ and WHEREAS the Council has in• formed itself as to the proposed improvement and has examined the plans thereof. NOW THEREFORE, be it re- solved by the said Council of Du- buque as follows: 1. The Council hereby approves the plans for the said project and consents to the improvement in accordance with the plans. 2. The Council will take such legal steps and prosecute to a conclu- sion such legal action and/or pro• ceedings as are now or may here- after be required: a. To legally establish the grade lines of the street in accordance with and as shown by the pro- ject plans, and to cause any damage occuring therefrom to be determined and paid pursu- ant to Section 389,.22 et seq., Code of Iowa, 1958. b. To take such steps as may be necessary to order the removal of any trees within the limits of the established street that may interfere with the construction of the project. Clearing and grubbing costs will be bourne by the project. c. To prevent the erection of any signboards: a-on public property b-on private property when they obstruct the view of any portion of the public highway or street or railroad track. d. To not close or obstruct the street either partially or com- pletely, in any manner or for any purpose whatsoever except in those instances recited in Section 321.348, Code of Iowa, 1958. e. To remove or cause to be re- moved without expense to the State Highway Commission (County) all water mains and hy- drants curb boxes, electroliers and cables, poles, parking me- ters, traffic signals, all private services lying within the limits of the established street, and any other facilities or obstruc- tions which interfere with the construction of the project, f. To remove or cause to be re- moved any other encroachment or obstruction within the rights- of-way of the streets or high- 190 Regular Session, May 1, 1961 ways covered by the project and to prevent any future encroach- ment or obstructions therein. 3, Since this project may be partly financed with Federal Aid funds, the grant of which requires that the Iowa Highway Commission, comply with Federal laws and re- gulations with respect thereto, the Council agrees to take such action as may be necessary to comply with such Federal laws and regulations. 4. The Council further agrees that within the limits of the proposed surfacing and for a distance not less than depth of trench outside thereof where the City or utility companies may be digging ditch- es prior to the proposed surfac• ing, the city will require that all backfilling and compaction of ditches shall be made in accord- ance with the Standard Specifi- cations of the Iowa State High- way Commission, Current Series, the work to be subject to the ap- proval of the Iowa State Highway Commission, Current Series, the work to be subject to the ap- proval of the Iowa State High- way Commission. 5. The Council consents that during construction of the project, traf• fic may be detoured over the fol- lowing described streets: Provided that the Iowa State Highway Commission will erect signs as necessary to direct traf- fic on said streets, and will re- move them when the detour is discontinued. It is understood that the Iowa State Highway Commission will not s u r f a c e, maintain or provide access to properties abutting on or in the near vicinity of the street being constructed on this project. 6. Within 90 days after passing this resolution, the Council will pass and make effective ordinances prohibiting parking of any na- lure. Parking restrictions covered un- is der Resolution signed May 2, I_ 1960, and Ordinance No. 75.60 passed November 7, 1960. Under resolution signed May 2, 1960, the City Council agreed to the closing of Gandolfo St. from Dodge Street to St. Joseph Street and to the opening of a connec- tion from Dodge Street opposite the Cherokee Drive approach to St. Joseph St. Also under reso• lution signed May2, 1960, the Council agreed that the City will maintain at City or local expense the proposed Frontage Road. 7. Within 90 days after passing this resolution, the Council will by ordinance establish access con- trol under the provisions of Chap- ter 306A, Code of 1958 prohibit- ing ingress or egress to, from or across said facility to or from abutting lands, except at such de• signaled points at which access may be permitted by the Iowa State Highway Commission, upon such terms and conditions as may be specified from time to time. Access rights will not be destroyed except by purchase or appropriate condemnation pro- ceedings thereof. However, such access rights shall be subject to such regulations in the interest of public welfare and safety as the City and Iowa State Highway Commission may agree upon, pro- vided that no additional access ways or change of use shall be permitted by the City with- out the consent and approval of the Iowa State Highway Com• mission. The Council will also authorize the Iowa State Highway Commission to acquire right•of- way and access rights by pur- chase or condemnation, as shown on the plans for Project Number U-UG-305(13), and more specifi- cally described as follows: Access Control covered under re- solution signed May 2, 1960, and ordinance No. 75-60 passed Nov ember 7, 1960. The County authorizes the High- way Commission to construct and preserve, within the limits of the right-of-way, such physical bar- riers as the Highway Commission deems necessary to prohibit or eliminate unlawful means of ac- cess to, or use of, the highway facility by pedestrian or vehicu• lar traffic, or for any other pur- pose. 8. The Council agrees with the Iowa State Highway Commission that the Storm Sewer listed as follows and as shown on the project plans are a necessary part of the improvement, that said Commis- sion shall include in its construc- Regular Session, May 1, 1961 191 r lion contract the construc- tion of the Storm Sewer, and upon completion of the work, pursuant to the provisions of Chapter 313, Code of Iowa 1958, the Council will reimburse the Commission, for the actual cost of the longitudinal and outlet storm sewer as shown by the pro ject records of the Iowa State Highway Commission. Estimate of Quantities Lt. Sta. 2429+ 15"~ 1500D 24 L.F. Lt, Sta. 2429+ 15"~ 2000D 30 L.F. Lt, Sta, 2430-F 15"~ 1500D 132L.F. Rt. Sta. 2446+ 24"~ 1500D 36 L,F. Lt. Sta. 2447-F to Sta. 2449+ 15"~ 1500D 252L.F. Lt. Sta. 2449+ to Sta. 2451+ 15"~ 1500D 146L.F. Lt. Sta. 2451+ to Sta. 2452+ 15"~ 2000D 84 L.F. Lt. Sta. 2452+ to Sta. 2455+ 15"~ 1500D 366 L.F. Lt. Sta. 2456+ 15"~ 1500D 28 L.F. Lt. Sta. 2456-F 15"~ 2000D 66 L.F. Box Type Manhole Lt. Sta. 2455 One Only Under Resolution signed May 2, 1960, the Council agreed to reim- burse the Iowa State Highway Com- mission for 50% of the actual cost of the proposed pedestrian over- pass at Algona Street. Changes in storm sewer found necessary during construction may increase or decrease the cost. The City shall reimburse ~ the Highway Commission for the actual cost except that reim- bursement shall be limited to a 20% increase over the contract price of the storm sewer. It is understood that the sewer referred to is a storm sewer and f~ not a sanitary sewer and the Iowa State Highway Commission shall have no future responsibil- ity for maintenance or operation of the same, and the City assumes and undertakes such responsibli- ity including the responsibility of providing by proper ordinance for the making of any necessary connection to said storm sewer and the prevention of its use as a sanitary sewer. 9. Within 90 days after passing this resolution, the Council will pass an ordinance establishing speed limits as specified below and making such speed limits effec- tive upon completion of project: 35 M.P.H. from Sta. 2446+ to Sta. 2457+60. Speed Limits on re• mainder of project covered under resolution signed July 18, 1960, and ordinance No. 75.60 passed November 7, 1960. 10. Upon Completion of the pra• ject, the Council agrees that•- (a) Upon receipt from the High• way Commission of a list of driveways and entrances pro- videdfor access under the above improvement specified as Pro• ject Number U-UG-305(13), said list will be recorded under a supplementary ordinance. (b) Signing affecting directional traffic movements will be erect- ed, or changed only after ap- proval is secured from the High• way Commission. (c) Any changes in the physical features of the project or changes in speed limits agreed to under paragraph 9 will be authorized only after approval has been secured from the High- way Commission. (d) Traffic signals at the follow- ing locations when reinstalled shall conform to the uniform standards of the Iowa State Highway Commission and more specifically the type of equip- ment, location and operation shall be as described below: 1. Intersection of Dodge St. (U.S. 20) with Grandview Ave. a. Controller. Two-phase full- actuated type with minor move- ment controllers for left turn movements from west to north, north to east and south to west. b. Signals. Far side lane direc- tion signals far all traffic with oversize (12") red lenses and green arrow indications. c. Operation. Timing of e a c h phase shall be subject to ap- provaland review by the High- way Commission and shall pro• vide maximum efficiency of operation consistent with the intersection design and both present and future traffic vol• umes. 11. Council will notify by mail all abutting property owners of: a. the parking and access control restrictions that are being estab- blished on this section of prim- ary road extension. f~~A 192 Regular Session, May 1, 1961 b, the regulations regarding the moving and/or adjustment of private sewer, water, gas and electric service. Passed and adopted this 1st day of May, 1961. JOHN P. SCHREIBER Mayor ~ I, Leo F, Frommelt, Clerk of City - of Dubuque, Iowa, hereby certify - that the above Resolution was duly " passed and adopted by the City of Dubuque, Iowa, on the 1st day of May, 1961 by the following call of yeas and nays recorded hereon. Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta• kos. Nays-None. ~ LEO F. FROMMELT City Clerk of Dubuque, Iowa Approved and agreed to this 10th day of May, 1961. Iowa State Highway Commission by C. B. Anderson title Urban Engineer ~1 i f Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Caried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION N0. 128.61 WHEREAS the City Council of Dubuque, Iowa, is aware of the fact that as an integral part of the City's industrial, business and popu- lation growth and for the best in• terests of its citizenry, the cultural aspeets of community life can not and must not be ignored; and, WHEREAS the City Council of Dubuque, Iowa, being mindful of the need for orderly and systematic development of the cultural facil- ities within the City of Dubuque, Iowa; and, WHEREAS the City Council of Dubuque, Iowa, desires that the cu]• tural development within the City of Dubuque, Iowa be encouraged; and, WHEREAS the City Council of Dubuque, Iowa, believes that a com• mittee from its citizenry should be appointed and that the committee should be designated as "Cultural Advancement Committee" for the purpose of advising and counseling the City Council pf Dubuque, Iowa, in the area or areas of the cultural development of the resources avail- able within the City of Dubuque, Iowa, in the field of arts, music, drama and in the local historical field. NOW THEREFOR BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor ap- point acommittee of local citizens to be known and designated as the "Cultural Advancement Commit• tee" and to that end the members of the City Council assist the Mayor in the selection of said committee. Section 2. That the said Cultural Advancement Committee be treat- ed for the purpose of advising and counseling City Council of Du• buque, Iowa, in the areas devel• opment of the cultural resources available within the City of Du• buque, Iowa. Passed, adopted and approved this 1st day of May, 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 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• kos. Nays-None. RESOLUTION N0.129.61 BE IT RESOLVED by the City Council of the City of Dubuuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per• mit to sell cigarettes and cigarette papers within said City. Name Address Dubuque Baseball Inc., East 4th St. Hillcrest Eagle Inc., 3033 Asbury Street Richard Lonergan, 500 Rhomberg Avenue Richard N, Stecklein, 450 West Lo- cust Street 1 I` o+ llegular Session, May 1, 1961 193 BE IT FURTHER RESOLVED that the bonds filed with the appli• cations be approved. Passed, adopted and approved this 1st day of May, 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 Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council• men Kean, Schaller, Schueller, Ta• kos. Nays-None. RESOLUTION N0. 130.61 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 grant- ed and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT Harry N. Gantert and Lucille Gan- tert, 1301 Rhomberg Avenue Mrs, Marcella M. McCarthy, 620 East 16th Street Mrs. Fay S. Shaffer, 1080 University Avenue Richard N. Stecklein, 450 Locust Street Michael McMahon, 527 Central Ave- nue Dubuque Sports Bowl Corp,, East 16th Street Extension CLASS "C" PERMIT Carl Chadler, 101 West 5th Street Hillcrest Eagle, Inc., 3033 Asbury Street George Kennedy, 2148 Central Ave• nue Ernest E. Latham, 1205 Cleveland Avenue Carl Van Duelman, 590 Clarke Drive Passed adopted and approved this 1st day of May, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN 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- kos. Nays-None. RESOLUTION N0.131.61 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is here. by directed to issue to the following named applicants a beer permit. CLASS "B" PERMIT Harry N. Gantert and Lucille Gan- tert, 1301 Rhamberg Avenue Mrs. Marcella M. McCarthy, 620 East 16th Street Mrs. Fay S. Shaffer, 1080 Univer• Sity Avenue Richard N. Stecklein, 450 West Lo- cust Street Michael McMahon, 527 Central Ave- nue Dubuque Sports Bowl Corp., East 16th Street Extension CLASS "C" PERMIT Carl Chalder, 101 West 5th Street Hillcrest Eagle, Inc., 3033 Asbury Street George Kennedy, 2148 Central Ave- nue i ~~ o „l ~:~ G w irf ~ , z 1 i< '• ~i III I t 194 Regular Session, May 1, 1961 Ernest E. Latham, 1205 Cleveland Avenue Carl Van Duelman, 590 Clarke Drive BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 1st day of May, 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• kos. Nays-None. Petition of Great Tri-State Sur• plus Store requesting permission to install a canopy which would extend 6' aver the public walk and 33' in length on Main and six feet long on the Sixth street side, pre- sented and read. Mayor Schreiber moved that the petition be referred to the City Manager and Building Commissioner. Seconded by Caun• Gilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Leo F. Frommelt City Clerk Approved ....................................1961 Adopted ........................................1961 Councilmen • ...................................... Attest : .............. .. . City Clerk Councilman Schueller moved that a resolution of condolence be adop• ted and sent to the bereaved family of Frank VanDuelman, a former City Councilman, who passed away recently. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta• kos. Nays-None. There being no further business Councilman Schaller moved to ad- journ. Seconded by Councilman Special Session, May 29, 1981 195 (IiY COUNCIL Special Session, May 29, 1961. Council met at 7:30 P.M. Present-Mayor Schreiber, Coun• cilmen Kean, Schaller Schueller, Takos. City Manager Gilbert D. Chavenelle, Mayor Schreibe- read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con• sidering the ever present issue of Daylight Saving Time and acting on any other business as may pro- perly come before a regular meet- ing of the City Council. Communication of D u b u q u e Chamber of Commerce Committee for Time Conformity submitting one hundred eighty eight petitions received from firms, local unions and organizations that favor day light Saving. Time for the ecan• omit good of Dubuque during the months of June, July and August of 1961 and requesting that the Council call a special meeting to reconsider fast time for the City, presented and read. Councilman Schueller moved that the communication together with the petitions be received and filed. Seconded by Councilman Schaller. Carried by the following vote; Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Communication of Emma L. Berg- man, Mary Tranel, Local Unit #60 National Hairdressers & Cosme- tology Assn., M. T, C. Appliance Co., M, P. Kluck & San, Local 263 I. B. E. W., Merchants Supply Com• parry, all being in favor of Day- light Saving Time, presented and read. Councilman Schaeller moved that the communications be re- ceived and filed. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they desire. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueier, Takos. Nays-None. The following addressed the Council as being in favor of Day- light Saving Time; Art Mosle as Chairman of the committee for Time Conformity; Saul Greenstein stating that firms representing 80% of the labor force of the City should be convincing evidence for Daylight Saving Time; F. Selensky John Deere representative; Frank Saunders Secretary of the Chamber of Commerce; Vic Grice H & W representative; Irv. Oeth Dubuque Packing Co, representative; R. 0. Blum Interstate Finance represen- tative; Jack Ely Manager of J. C. Penney Co., Edw. Meyer Retail Merchants group representative; Lester Gruwe shoe shiner; Glenn Rothman Farley & Loetscher Mfg. Co. representative, stated that a poll had been taken at the plant and that 80% of the employees were in favor of Daylight Time, Communications of Mrs. T. E. Connolly, Bill Schuller, Mrs. Edw. Young, Mrs. James Ebben, Emealia Minges, W. J. Frye, William D. Bauck, Leonard K. Stecklein, R. F. Sefzik, as being definitely against Daylight Saving Time or request- ing the Council to stay by the former mandate of the people on the time situation, presented and read. Councilman Schueller moved that the communications be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Mr. R. F. Sefaik addressed the Council calling for another vote on the subject by the people; Art Lake stated that there was no poll taken at the Farley & Loetscher plant; Clarence Wernimont posed the question why vote on something that is illegal; Vince Engler of Durango, Iowa was ruled out of or• der, ,a~;,'~ „il ~~ !1E { i I ~? ,,, {J 196 Special Session, May 29, 1961 In the rebuttal argumentation and discussion the following were heard as being in favor of the Day light Saving Time; Morton Herman stated that the Council has a second chance to exonerate themselves and should vote yes; Cliff Walsh stated that the argument as to affecting the children should be reconsidered by adjusting ourselves to the econ- omic needs of the community; Jo- seph C. Tschudi in favor only if it would be on a State wide basis; Carl Munson felt as though those that were in favor of the time change are not necessarily under the influence of the Chamber; W. L. Meyer thought it best to vote yes and get it over with; Leo Stef- fen posed the question why isolate ourselves; Gerald Goode and J. P. Green were both in favor; Frank Saunders Chamber Secretary felt as though we should not go back to 1954 to relive the past. In the rebuttal discussion the following addressed the Council as being opposed to Daylight Saving Time: R. F. Sefzik people should have a right to vote on the subject; M. Gassman was of the same opin- ion; Clarence Wernimont stated that it was voted down twice and that should settle the issue; Z, Lan- ham was of the same opinion; Paul 5chwendinger stated that it should be put to a vote of the people; V. Lopez mentioned Memorial Day ob- servance and many have fought to uphold the vote of the people which should be done in the case of Daylight Time, and if it is not done many have died in vain; Art Lake stated that business is good at Farley & Loetscher which shows that the economic good is sustained under regular time and there is no need from an economic standpoint to have Daylight Time; Mr. E. Tur- ner stated that the people voted it down twice and it should stay dawn. At the conclusion of the time issue Mayor Schreiber stated that his obligation is to the voters that have turned the issue down. Coun- cilman Schueller inquired as to the statement made that Daylight Time is illegal. He was informed that no consideration is being given to establish time by an Ordinance. Councilman Schaller thought that Daylight Saving Time is the best thing for the City, It has been shown to him that it would make better business for the City. Whether that thinking is right or wrong he would not know. Cuncil• man James J. Kean stated that the basic issue is the econmic goad far the City. Councilman Peter J. Ta- kos stated that according to the historical background the course we should take is obvius. RESOLUTION NO. 132.61 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the official time for the City of Dubuque, for all purposes of the operation of the City Government, including the parking regulations, office hours, and hours of sitting of Police Court, shall be CENTRAL DAYLIGHT SAVING TIME, which is one hour earlier than Central Standard Time, from Two A. M, on June 4th, 1961 to two A.M, on September 3rd, 1961: Section 2. That the Mayor is hereby authorized and directed to issue a Proclamation inviting the citizens of the City of Dubuque and its environs to observe Daylight Saving Time during the above per- iod. Passed, adopted and approved this 29th day of May, A. D. 1961. Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution, Second- ed by Councilman Kean. Carried by the following vote: Yeas-Councilman Kean, Schal- ler, Schueller, Nays-Mayor Schreiber, Cauncil• man Takos, MAYOR'S PROCLAMATION WHEREAS the City Council of the City of Dubuque has, by Reso- lution No, 132-61, adopted May 29, 1961, established DAYLIGHT SAV• ING TIME as the official time of the City of Dubuque for the period from Two A.M. June 4th, 1961 to Tw A.M. September 3rd, 1961; and ~. t i .~` Special Session, May 29, 1961 197 WHEREAS by said Resolution the City Council has authorized and directed me, as Mayor, to issue a Proclamation pursuant thereto, NOW THEREFORE, I, JOHN P. SCHRED3ER, Mayor of the City of Dubuque, Iowa, do hereby pro- claim that CENTRAL DAYLIGHT SAVING TIME, (which is one hour earlier than Central Stand- ard Time) shall be observed as the official time in the City of Du- buque for all official purposes, in- cluding the hours of parking regu- lations, office hours and the time for sitting of Police Court from Two A. M. June 4th, 1961, to Two A. M. September 3rd, 1961, and do hereby invite and urge the citi- zens and residents of the City of Dubuque and its environs to likewise observe Daylight Saving Time during said period. JOHN P. SCHREIBER Mayor lt. 6/2 Council recessed at 8:55 P.M. Reconvened at 9:05 P.M. Mayor Schreiber announced the following list of persons to serve on DUBUQUE'S CULTURAL DE- VELOPMENT COMMISSION; One Year Term Mrs. Anthony Eberhardt Mrs. Francis Becker M. John Clifford Miss Elsie Datisman Mrs. Thos. Mooney HI Two Year Term Joseph A. Rhomberg Nic Schrup Mrs. Sue Bissell Mr. Henry Miller Mr. Robert Collier Three Year Term Roland White Abby McDonald Dancer Msgr. S. V, Luby Edmund DeMers Dr. Geo, B. Ehlhardt Communication of Eldon A. Pfohl objecting to the continuing and in- creasing pollution of the air in the vicinity of the two large wood- working mills in the City and re- questing that he be heard in re• Bard to the proposed planning and to the future plans of the City, presented and read, Mr. Eldon Pfohl addressed the Council in support of his objection, Councilman Schueller moved that the objection be referred to the City Manager and Engineering De- partment for study and report. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Mr. Frank Kemp addressed the Council as to the condition of Jackson Park. He was of the opin- ion that the park should provide shelter and toilet facilities and also proper lights. Councilman Schaller moved that the matter be referred to the City Manager and Park Board, Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. There being no further business Councilman Schueller moved to ad- journ Seconded by Mayor Schrei- ber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Leo F. Frmmelt City Clerk Approved ................................1961. Adopted ..................................1961. Councilmen .................................. Attest ................................................ City Cletk .,1! ~~ E1 ~~ `~~-. i; ~~~