1960 February Council Proceedings90 Special Session, January 25, 1960
City Manager Sthilh was asked
to make a statement, which he
did, same being marked Exhibit
No. 31. (Refer to Transcript--Con-
flict of Interest Investigation-Vol-
ume VHI-Afternoon Session 1-29-
60, page 31).
Mayor Takos stated that the
chair has not been informed by
any other witness that it was their
wish to make a final statement,
so it concludes that there is no
further witness to appear before
this body. The Council will ad-
journ this inquiry until it has a
chance to review the testimony,
exhibits, affidavits, and other mat-
ters included in the record. The
Council will indicate its intention
on this matter as soon as practi-
cable. The chair wishes to thank
all parties at this hearing and
their cooperation in keeping the
tempo orderly, and in particular
the two court reporters for their
patience during the last five days.
Councilman Freund moved to
adjourn. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
LEO F. FROMMELT
City Clerk
Approved ..............................1960.
Adopted ..................................1960.
Councilmen
Attest
City Clerk
~,
f
~~
r
C
AY
M
:c
Session, February 1, 1980 91
CITY COUNCIL
(OFFICIAL)
Regular Session February 1,
1960.
Council met at 7:30 P.M.
Present-Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller. City Manager Schiltz.
Mayor Takos read the call and
stated that this is a regular month-
ly meeting of the City Council for
the purpose of acting upon such
business as may properly come be-
fore the meeting.
January 25, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am submitting herewith the
monthly reports of the City Audi-
tor, City Treasurer, City Health
Department and City Water Works
for the month of December as
well as list of claims for which
warrants were issued for the
month of December, 1959.
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Councilman Freund moved that
the reports be received and filed.
Seconded by Councilman Schuel-
ler Carried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, -Schaller, Schreiber,
Schueller.
Nays-None.
Proof of Publication certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were issued dur-
ing the month of December 1959,
presented and read. Councilman
Freund moved that the proof of
publication be received and filed.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition for suspension of
taxes of Richard -E. Haschke for
Lot 2 of Hoppman Place on ac-
count of old age was referred to
the City Manager.
This suspension of taxes request-
ed does not relieve the property
for the payment of these taxes
but they are suspended until the
property is sold. I know Mr.
Haschke and to my knowledge, he
has no means of support or in-
come. I recommend that the pe-
tition be granted.
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Mayor Takos moved that the rec-
ommendation of the City Manager
be approved. Seconded by Council-
man Freund. Carried by the fol-
lowing vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1960
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap-
proved the following bond and pol-
icies and desire to have your ap-
proval on same for filing, subject
to the approval of the City Solici-
tor:
HEATING
Dubuque Plumbing and Heating
Co., American Casualty Co.
EXCAVATION
Dubuque Plumbing and Heating
Co., Policy No. CL 848932, Bi-
tuminous Casualty Corp.
G. L. McCarten, d/b/a McCarten
Plumbing & Heating, Policy No.
CGL 112-45378, American Surety
Co.
Everett Emerson, d/b/a Emerson
Excavating Co., Policy No. ML
185750, U.S. Fidelity and Guar-
anty Co.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Councilman Schueller moved
that the filing of the bonds and
policies be approved subject to
the approval of the City Solicitor.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
I Nays-None.
92 Regulaz Session, February 1, 1960 Regular Session, February 1, 1960 93
February 1, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Art Frommelt
and others requesting the install~-
tion of a street light at Fink and
Gillespie Streets was referred to
the City Manager for investigation
and report.
An investigation by the Elec-
trical Inspector and the Interstate
Power Company showed the exisb
ing light on West 32nd Street just
east of Fink Street should be re-
located to Fink Street and West
32nd Streets and a new light
should be installed between this
light and the first one to the east
on West 32nd Street. At the pres-
ent time there is no light at Fink
and Gillespie Streets and it is
their recommendation that one be
installed at this location.
It is therefore recommended
that a street light be installed at
the intersection of Fink and Gil-
lespie Streets and one between
West 32nd and Fink and the first
light east, and also that the light
just east of the intersection of
32nd and Fink Streets be installed
at that intersection.
Respectfully submitted,
L. J. SCHII,TZ
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Schreiber.
Carried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The lot description of the fol-
lowing named lot, owned by Jos.
H. & Helen A. Bellman, was listed
in error on the final schedule of
assessment of the City of Du-
buque, 1959 Bituminous Concrete
Paving Project No. 1.
Lot is listed as: Owner, Jos. H.
& Helen A. Bellman. Des~rip-
tion, Lot 1-1-1-1-2 of Mineral
Lot 342.
Should be listed as follows:
Owner, Jos. H. & Helen Bellman.
Description, Lot 1-1-1-1-2 of Min-
eral Lot 351.
It is requested that your Honor-
able body grant the City Clerk per-
mission to correct the final sched-
ule of assessments.
Very truly yours,
L. J. SCHII.TZ
City Manager
Councilman Freund moved that
permission be granted to correct
the final schedule. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Planning and Zoning Com-
mission has for several years bees
interested in securing aerial photo-
graphs with planimetric and topo-
graphic mapping of the City of
Dubuque.
Proposals have been submitted
and the Planning and Zoning Com-
mission wishes to paztieipate in
this project.
The nine square miles partly
within the city limits and mostly
in the proposed area of annexation
are the areas of utmost importance
to the Commission at this time.
We hope that other governmen-
tal bodies will pazticipate and
make a complete set of aerial
photographs and mapping of the
entire city.
Respectfully submitted,
Owen Riley, Secretary
Planning & Zoning
Commission
Councilman Schreiber moved
that the communication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Planning and Zoning Com-
mission has agreed to participate
in the cost of aerial photos and
all engineering work to provide
contour maps of the area proposed
to be annexed and the County has
- agreed to pay for the area ap-
proximately one mile outside these
limits.
The City Engineering Depart-
ment desires to have maps for the
- present city area and with the
Planning and Zoning Commission
and Dubuque County participating
in the overall costs and spreading
it over a three year period, we
I would have the City and surround-
ing area properly mapped. This
would result in considerable sav-
ings in preliminary engineering
work on city projects and would
be of great value in city planning.
~ I recommend that the Manager
be authorized to enter into an
Agreement with a responsible
firm to perform this work and
further that the City, the Plan-
ning and Zoning Commission and
~ Dubuque County participate in
paying for this work.
Respectfully submitted,
L. J. SCHILTZ
City Manager
a Councilman Schaller moved that
the recommendation of the City
Manager be approved and that be
be authorized to enter into an
agreement. Seconded by Council-
s man Freund. Carried by the fol-
- lowing vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
,i .- February 1, 1960
To the Honorable Mayor
~ and City Council
Dubuque, Iowa
Gentlemen:
f Attached is a Resolution pre-
~ sented by the Iowa Highway Com-
- mission for action by the City
Council at this meeting, approv-
ing the surfacing of Central Ave-
nue and setting out certain re-
strictions on parking, access and
'
' providing for the payment of the
city's portion of the cost for sur-
facing the full width of the street.
q Respectfully submitted,
j L. J. SCHII,TZ
~' ~ City Manager
Councilman Freund moved that
the communication be received
and filed. Seconded by Mayor Ta-
kos. Carried by the following
vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
RESOLUTION NO. 32.60
Form No. 862-P-Acc. (Rev. 12-358)
County Dubuque, Proj. No. FN-148
Consenting to and approving the
plans for the improvement of the
extension of Primary Road No.
U.S. No. 52 within the City of Du-
buque, Iowa.
WHEREAS it is proposed to im-
prove by A. C. Resurfacing the ex-
tension of Primary Raad No. U.S.
No. 52 within the City of Du-
buque, Iowa, in accordance with
plans filed in the office of the
Clerk of said City of Dubuque as
follows:
On present route of U.S. No. 52
from the south line of E. 20th
Street to the north line of E.
32nd Street identified as Proj.
No. FN-148, 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 improve-
ment in accordance with the
plans.
2. The Council will take such legal
steps and prosecute to a con-
clusion such legal action and-
or proceedings as aze now or
may hereafter be required:
a. To legally establish the grade
lines of the street in accordance
with and as shown by the proj-
ect plans, and to cause any dam-
age accruing therefrom to be
determined and paid pursuant
to Section 389.22 et seq., Code
of Iowa, 1958.
b. To take such steps as may be
necessary to secure the consent
to the removal of any trees that
may interfere with the constroc•
lion of the project.
c. To prevent encroachment and
obstructions upon streets or
highways covered by the project.
d. To not close or obstruct the
street either partially or com-
94 Regular Session, February 1, 1980
pletely, in any manner or for
any purpose whatsoever except
in those instances recited in
Section 321.348, Code of Iowa,
1958.
e. To prevent the erection of
any signboards, whether on pub-
lic or private property, which
obstruct the view of any por-
tion of the public highway or
street or railroad track.
f. To remove or cause to be re-
moved without expense to the
State Highway C o m m i s s i o n
(County) all water hydeants, curb
boxes, electroliers and cables,
poles, parking meters, traffic
signals, and any other facilities
or obstructions which interfere
with the Construction of the
project.
3. Since this project is to be partly
financed with Federal Aid Funds
the grant of which requires that
the Iowa Highway Commission
comply with Federal laws and
regulations with respect thereto,
the Council agrees to take such
action as may be necessary to
comply with such Federal laws
and regulations. (Approval of
the plans by the Council satis-
fies the requirements of this
paragraph.)
4. The Council further agrees that
within the limits of the pro-
posed surfacing and for one foot
outside thereof where the city
or utility companies may be dig-
ging ditches prior to the pro-
posed surfacing, the city will re-
quire that all backfilling and
compaction of ditches shall be
made in accordance with the
Standard Specifications of the
Iowa State Highway Commission
Series of 1956, the work to be
subject to the approval of the
Iowa State Highway Commission.
5. The Council consents that dur-
ing construction of this project,
traffic may be detoured over the
following 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 We detour is
discontinued. It is understood
that the Iowa State Highway
Commission will not surface,
maintain or provide access to
properties abutting on or in the
near vicinity of the street being
constructed on this projeM.
8. Within 90 days after passing
this resolution, the Council will
by ordinance prohibit parking
of any nature.
A single line of parallel park-
ing on both sides will be per-
mitted from Sta. 0+00 to Sta.
69+511.
No parking will be permitted for
a distance of 35' from the back
of the sidewalk of intersecting
street approaches.
7. Within 90 days after passing
this resolution, the Council will
by ordinance establish access
control under the provisions of
Chapter 308A, Code of 1968 pro-
hibiting ingress or egress to,
from or across said faMlity to or
from abutting lands, except at
such designated points at which
access may be permitted by the
Iowa State Highway Commission,
upon terms and conditions as
may be specified from time to
time. Presently existing access
rights will not be destroyed ex-
cept by purchase or appropri-
ate condemnation proceedings
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,
provided that no additional ac-
cess ways shall be permitted by
the City without the consent and
approval of the Iowa State High-
way Commission. The Council
will also authorize the Iowa
State Highway Commission to
acquire right-of-way and access
rights by purchase or condem-
nation, as shown on the Plans
for ProjeM Number FN-148, and
more specifically described as
follows:
From Sta. Oi-00 to Sta. 69-i-50.
The Council authorizes the High-
way Commission to construct
and preserve, within the limits
of the righ-of-way, such physical
barriers as the Highway Com-
mission deems necessary to pro-
hibit or eliminate unlawful
means of access to, or use of,
the highway facility by pedes-
trian or vehicular traffic, or for
any other purpose.
Regular Session, February 1, 1960 95
8. The Council agrees with the
Iowa State Highway Commission
that the A. C. Resurfacing listed
l as follows and as shown on the
;,.- project plans are a necessary
: part of the improvement, that
~ said Commission shall include in
).;;; its construction contract the con-
.
~ struMion of the A. C. Resurfac-
f ing, and upon completion of the
y ,,' work, pursuant to the provisions
of Chapter 313, Code of Iowa
1958, the Council will reimburse
the Commission for the actual
j cost of the extra width resur-
facing and incidental as shows
by the project records of the
Iowa State Highway Commis-
sion. Resurfacing is proposed for
from face to face of present
A a curb, which is 44' F-F from E.
'
F-F
20th St. to E. 24th St. and 40
from E. 24t4 St. to E. 32nd St.
The Highway Commission agrees
to pay for the center 24' and the
- Council agrees to pay for the ad-
i
~'-
r ditional width.
Estimate of Qusniities
~'~' Type "A" A.C. Surface Course
Approx. 724 tons
Type "A" A.C. Leveling Course
tt Approx. 150 tons
Type "A" A.C. Surface Patch-
i ing Approx. 10 tons
Prize and Tack Coat Approx. 939
gals.
Sand Cover Approx. 34 tons
Adjustment of Fixtures Approx.
No. 102
Changes in storm sewer found
necessary during construction
~r may increase or decrease the
cost. The city shall reimburse
the Highway Commission for the
I 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 not a sanitary sewer and
the Iowa State Highway Commis-
sion shall have no future reapon-
sibility for maintenance or op-
eration of the same, and the City
assumes and undertakes such
responsibility including the res-
ponsibility of providing by prop•
' er ordinance for the making of
J,.. any necessary connection to said
storm sewer and the prevention
of its use as a sanitary sewer.
9. Upon completion of the Project,
the Council agrees that-
(a) Upon receipt from the High-
way Commission of a list of
driveways and entrances pro-
vided for access under the
above improvement specified
as Project Number FN-148, said
list will be recorded under a
supplemental ordinance.
(b) Signing affecting directional
traffic movements will be ereM-
ed, or changed only after ap- ,
proval is secured from the
Highway Commission.
(c) Speed limit signing erected
on the part of highway included
under the above project will
specify respectively, 25 M.P.H.
from Sta. 0-1-00 to Sta. 89-i-50.
(d) Any changes in the physical
features of the project or
changes in speed limits agreed
to under paragraph 9 (c) will be
authorized only after approval
has been secured from the High-
way Commission.
10. The Council will notify by mail,
all abutting property owners of
the parking and access control
restrictions that are being es-
tablished on this section of Pri-
mary Road Extension.
Passed sad adopted this 1st day
of February 1980.
PETER J. TAKOS,
Mayor
I, Leo F. Frommelt, Clerk of
City of Dubuque, Iowa, hereby cer-
tify that the above Resolution was
duly passed and adopted by the
City of Dubuque, Iowa, on the 1st
day of February, 1960 by the fol-
lowing call of yeas and nays re-
corded hereon.
Yeas-Peter J. Takos, George A.
Freund, Leo N. Sehueller, Louis
Schaller, John P. Schreiber, Mem-
bers of the Council.
Nays-None.
Absent or Not Voting-None.
LEO F. FROMMELT
City Clerk of Du-
buque, Iowa
Approved and Accepted:
IOWA STATE HIGHWAY
COMMISSION
C. B. Anderson, Urban Engr.
February 10, 1980.
Councilman Schueller moved the
adoption of the resolution. Sec-
onded by Councihnan Schaller.
Carried by the following vote:
96 Regular Session, February 1, 1980 ' Regulaz Session, February 1, 1960 97
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1960
Honorable Mayor and Members
of the City Council
Dubuque, Iowa
Gentlemen:
Pursuant to councR du•ectioa in
1957, the Mayor and Treasurer de-
posited $30,000.00 in United States
Treasury Notes with the Dubuque
Bank and Trust Company in es-
crow for the puropse of paring a
like amount of Water Revenue
Bonds, 1955 Series, maturing De-
cember 1, 1959.
These notes have now been used
for the purpose for which they
were deposited and nothing is left
to be done. I therefore recommend
that the Mayor and Treasurer be
authorized to release the escrow.
EDWARD M. TSCHIRGI,
City Treasurer.
CouncBman Freund moved that
the recommendation of the City
Treasurer be approved. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Notice of claim of Mrs. Jack
(Helen) Schadle, in an unnamed
amount far personal injuries re-
ceived as the result of a fall on a
defective sidewalk at 13th and
Central Avenue oD January 4, 1980,
presented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Notice of claim of Ronald R.
Pline in the amount of $80 for
damage done to his home on Thom-
as Place by blasting during the
course of construction of the Thom-
as Place sewer on Decemer 7, 1959,
presented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation sad re-
port. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Notice of claim of Mrs. Roy (Nel-
lie) Kaiser in an unnamed amount
for personal injuries received in a
fall in the crosswalk at 30th and
Jackson Street on January 20, 1960,
presented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Notice of claim of Mrs. Helen T.
Pfiffner in an unnamed amount for
personal injuries received in a fall
on an icy sidewalk at 1956 Central
Avenue on January 19, 1980, pre-
sented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Notice of claim of Lyle C. Dea-
linger in the amount of $75 for
personal injuries received in a fall
by falling over a protruding water
stop box at 603 E. 22nd street on
January 8, 1960, presented and
read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Notice of claim of Carl Lenz in
the amount of $34.50 for damage
to his car as the result of striking
icy ruts is the intersection of
Southern Avenue and Sullivan
Street on January 18, 1960, pre-
sented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
~'
a!
''
,
r
~Y
I
i
w
'q
4
9
r
'-
port. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
February 1, 1960.
Honorable Mayor and Members of
the City Council, Dubuque, Iowa.
Gentlemen: At your direction I
have investigated the claim of
Claza Kass for injuries sustained
in a fall on a defective walk May 1,
1958, near 249 East Eighth Avenue
and find that the defect existed
and a fall occurred.
Mrs. Kass sustained a hip fra~-
ture and as a result has incurred
medical expense to date of
$1,645.00. Because of the nature of
the injury, Mrs. Ross probably will
not be able to walk again.
I have discussed the claim with
the attorney for Mrs. Kass, and she
has agreed to accept $3,300.00 in
full settlement.
I recommend that this claim be
approved and that the Auditor be
instructed to issue a warrant pay-
able to Claza Kass and H. F. Rey-
nolds, her attorney, fnd deliver
the same upon receipt of a proper-
ly executed release.
Respectfully,
T. H. NELSON.
Mayor Takos moved that the
recommendation of the City So-
licitor be approved. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of time
and place of hearing on proposal
to dispose of real estate to consid-
er an Ordinance providing for the
vacation of Primrose Street from
the east line of Davenport Street,
easterly to the west line of Lot 2
of Lot 9 of G. R. West's Dubuque
and for the conveyance of the
City's interest therein, presented
and read.
No written objections were filed
and no objectors were present in
the Council Chamber at the time
set for the public hearing.
Councilman Freund moved that
the proof be received and filed.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
ORDINANCE NO. 3.60
An Ordinance providing for the
Vacation of Primrose Street from
the west line of Davenport Street,
easterly to the west line of Lot 2
of Lot 9 of "G. R. West's Dubuque"
and far the Conveyance of the
City's interest therein, said ordi-
nance having passed on January 4,
1900, and placed on file for public
inspection, presented for Final
Adoption.
ORDINANCE NO. a-ap
An Ordinance Providing for the
Vacation o[ 73/mroee Street
from the east line of Davenyort
Street, easterly to the went line
of Lot E o[ Lo[ 9 of G.R.
Weat'e Dubuque", and for the
Conveyance of the City'e inter-
ea[ [herein.
Whereas, the Hgly Ghost Church,
se owner of an of [he aDUtting
s
line of Lot 2 of Lot 9 Of "G.R.
e" Dubuque: and
areas the Planning and Zon-
'ommlealon hoe recommended
vacation; and
crane, petitioner hoe aubmlt-
'.o the City Councn for ap-
.I a plat of said Dortfon of
street describing the came as:
A of Mineral Lot 354 1n the
V of Dubuque; and
crane, Bald portion of sold
hoe never been opened qr
,ved or used by the public;
crane, the City Council, at a
hearing held February 1,
pursuant to notice pub 1eh-
The Telegraph-Herald Newa-
• Sanuary 8, 1980 and 7anu-
5, 1980, Dae determined that
in the best pubnc interest
said portion of Bald street be
.ed and the Iatereet o1 the
of Dubuque therein be con-
I to Holy Ghost Church an
corporation. as owner o~ the
98 Regular Session, February 1, 1960
County, Iowa, to Holy Ghost remnants of eatd lots would be of
Church, an Iowa corporation; no value to the City; and
'~ '!
Sectfon 4. That the City Clerk Whereas Dubuque Packing Com-
fe hereby directed to record a Deny has prepared and tiled a plat
certified coDY o4 t61s Ordinance subdwtding some of the Iota in
'~
In the of[ICe of the County Re- question, in accordance with the i
corder of Dubuque County, proposed nght-of-way line of East da:
Ions. Fourteenth Street Extenston, which
Passed, adopted and approved plat is dated January 11, 1980; anti
this let daY of February, A. D., Whereas the City Manager has
1980. recommenbed that said Ordinance
PETER J. TAKOS No. 88-59 be amended so as to
Mayor provide for the City acquiring only
~
OEOROE A. FREUND such portion of said lots as are , {~.
LEO N. SCHUELLER required [or [he East Fourteenth
LOUIS 9CHALLER Street Extension right-of-way;
JOHN P. 9CHREIBER
Councilmen NOW THEREFORE, BE IT OR-
Attesb
FROMMELT
LEO F DAINED BY THE CITY COUN-
.
City Clerk C1L OF THE CITY OF UU-
Published officially In the Tele- BU@UE:
graph-Herald Newspaper this 6th Section t. That Section 9 of
day oT FeDrvary, 1860. Ordinance No. 88-59 be and the
Leo F, Frommelt, same is hereby repeated and the
city Clerk. lt. B-5 following enacted in lieu thereof:
Councilman Schuelier moved the '•segtion 4-Tnat the Mayor and
h
h
b e
adoption of the Ordinance. Sec- City Clerk be and t
ey are
ere
y
autnoriaea and amegtea to exe-
onded b CarunCllman Freund,
Y cute and deliver @uit Claim lleeas,
titl
it
l
i
i
ll
i
ht
Carried by the following vote: e and
qu
m
ng a
r
g
,
c
a
mtereat o[ the city of Dubuque,
Yeas-MeyOr Takos, Councilmen in the following tots in tke City +~ %
Freund, Schaller, S e h r e i b e r, of Dubuque, Iowa, to-wit
Lot 5, Block 5, Railroad Addition;
Schuelier Lot c, Blonk s, Railroad Addition:
i
. Westerly 8 feet of Lo[ X, East
Nays-NQne. Dubuque Addition;
ORDINANCE NO. 5.60 Weeterly 8 feet of Lot L, East
Dubuque Addition; ~ ~.:
Ordinance Amending Ordi-
A LOt c, Riock
13Wxauel as waditio
n
Hance No. 68-59 by Repealing Sec- n
Lot A, Block
saaain ;
W
iaii
ba
4 thereof and Frlaeting a Sub-
li ,
la,
i
i
a
L
t 9
10
11
d 12 i
Bl
k 6
on
stitute therefor, presented and o
,
,
, an
n
oc
,
Railroad Addition;
r
road
and conveying the same to Du-
ki
D
P
C
d d `
rr
.
Councilman Freund moved that uque
ac
ng
ompany, an
e-
Uver seta deed upon receipt of a F
the reading just had be considered warra.n[y deed of the Dubuque
packing Company conveying to the i
[he first reading of the Ordinance. city of Dubuque,
Seconded by Councilman Schuelier.
Lot z or Lot 508; Lot 1 of Lot
507; Lot 508; Lot 2 of Lot A-5; i
Carried by the following vote: toe 628; Lot b30; Lot 1 of Lot 531;
Yeah-Mayor Tek05, CeunCllmen Lo[ 2 of Lot 532; Lot 1 of Lot A-4;
Lot 1 0[ Lot 584; Lot 585; Lots
Schaller, S e h r e i b e r,
Freund a
685
o
A 8 o
•
, Lot
f Lot
582, 583,
584,
685
86;
Schaller. 587; and Lot 816; all in East
Nays-None. Dubuque Addition No. 2, in the
Councilman Freund moved that City oY Dubuque, Dubuque County,
Iowa;••
the rules be suspended requiring section z.-That me city clerk
an Ordinance to be read On three be and he is hereby directed t,.
record a certified copy of [his
Separate days. $eCORded by Cenn- Ordinance in the office of the
f D
b r
Gilman Schuelier. Carried by the County Recorder o
uque Coun
u
ty, mwa.
following vote: Section 3.-This Ordinance shall
Yeas-Ma or Takos, COURCllmen
y
be in full force and effect from
and after its final passage, ad- I
Schaller, S c h r e t b e r,
Freund e na pnmieauon as DY taw
pD
o~
n
, i
e
r
Schleifer. Introduced the is[ day of Feb-
Nays-None rpary, ]sso.
. Rule requiring reading on three
ORDINANCE No. 6-80 separate days suspended by un-
An Ordinance Amending Ordi- animoua vote the 1st day of Feb-
nance No. 86-59 by Repealing Sec-
lion 4 thereof and Enacting aSub- ruary, 1980.
Peened Dy recorded von oall vote,
stitute therefor. adopted and approved [his 1e,
1980
day of February
Whereas the City Manager has
reported to the City Council that ,
.
Peter J. Takos
,
Ordinance No. 88-59 authorised the MAYUR
George A. Freuml
conveyance o[ certain lots and por-
[ions of iota [o Dubuque Packing Leo N. Schuelier I
Company in exchange for other
described in said Ordi-
t Louis Schaller
John P. Schreiber 11
proper
y
Hance and that it wsa the mean- Attest COUNCILMEN
ing and intent of said Ordinance Leo F. Frommelt
CITY CLDRK
t
that the City was to ac uire need-
ed right-oP-way (or Fourteenth Published officially in the Tele- kF. {.
Street Extension and that the pro- graph-Herald Newspaper this 5th
F
b
1960
E ~
posed right-ot-way Included onh~ e
ruary
.
day oP -
portlona oP oertatn lots described Leo F. Frommelt
f
in Bald Ordinance and that the lt. 2-5. City Clerk t.
Regular Session, February 1, 1980 99
Councilman Freund moved the Mr. Hugh Porter addressed the
adoption of the Ordinance. Sec- Council stating that they have no
onded by Councilman Schuelier. outlet from Clara Court and could
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
ORDINANCE NO. 6.60
An Ordinance Vaeafing the alley
between Lot 5 of Fairview Sub-
division on the east and Lots 14
and 15 in Morgan's Subdivision on
the west providing for the Con-
veyance thereof, presented and
read.
Councilman Freund moved that
the hearing just had be considered
the first reading of the Ordinance.
Seconded by Mayor Takes. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
Councilman Freund moved that
the rules be waived requiring an
Ordinance to be read on three sep-
arate days. Seconded by Council-
man Schuelier. Carried by the fol-
lowing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
Councilman Freund moved that a
public hearing be held on the Ordi-
nance on March 7, 1960, at 7:9(1
P.M., in the Council Chamber and
that the City Clerk be instructed
to publish notice of the hearing in
the manner required by law. Sec•
onded by Mayor Takos. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None. -
Petition of Joseph D. Gribben et
al objecting to the proposed sur
facing and curb and gutter of the
balance of McClain Street, pre-
sented and read.
Councilman Freund moved that
the rules be suspended in order to
allow anyone present to address
the Council if they so desire. Sec-
onded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
not see the need for a new street
at this time.
Councilman Freund moved that
the petititon be referred to the
Council for further consideration.
Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
Petition of Thomas A. Church et
al objecting to the proposed paving
of Alpha Avenue, presented and
Lead.
Mr. Tom Church addressed the
Council in behalf of the petition
and requested that the surfacing
be put off at least one year.
Councilman Freund moved that
the petition be referred to the
Council for further consideration
and to view the grounds. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
Petition of 0.J. Muir requesting
delay of one or more years for
the proposed surfacing of Dunleith
Court, presented and read.
Councilman Freund moved that
the petition be referred to the
Council for further consideration
and to• view the grounds. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
Petition of Mrs. Gertrude Wirz-
bach requesting delay of the pro-
posed surfacing of Dunleith Court
until 1962, presented and read.
Councilman Freund moved that
the petition be referred to the
Council for further consideration
and to view the grounds. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelier.
Nays-None.
Petition of Milton M. Feller re-
questing delay of the proposed sur-
facing of Dunleith Court unti11961
ar 1962, presented and read.
s
100 Regulaz Session, February 1, 1960 ' Regular Session, February 1, 1960 101
Councilman Freund moved that
the petition be referred to the
Council for further consideration
and to view the grounds. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of E. W. Coffman re-
questing delay of the proposed sur-
facing of Dunleith Court for a
year or two, presented and read.
Councilman Freund moved that
the petition be referred to the
Council for further consideration
and to view the grounds. Seconded
by Councilman Schaller, Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Petition of Gus G. Siavelis et al
objecting to the proposed paving
of Lincoln Avenue from Shires
Avenue to the end of the street,
presented and read.
Councilman Freund moved that
the petition be referred to the
Council for further consideration
and to view the grounds. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Petition of Marjorie A. Pdreell
et al objecting to the proposed
construction of curb and gutter
and surfacing of Austin Place, pre-
sented and read.
Councilman Freund moved that
the petition be referred to the City
Council for further consideration
and to view the grounds. Seconded
by Councilman Schuelfer. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Petition of Earl G. Thompson et
al objecting to the proposed sur-
facing of State Street, presented
and read. Mr. Earl Thompson
spoke in behalf of the petition by
objecting to the proposed surfac-
ing of State Street.
Councilman Schueller move d
that the proposed surfacing of
State Street be deleted from the
1960 program. Seconded by Coun-
cilman Schaller. Carried by the fol-
lowing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Petition of John A. Imhoff et al
objecting to the proposed construc-
tion of curb and gutter and sur-
facing of W. 7th Street, presented
and read.
Councilman Freund moved that
the proposed construction of W.
7th Street be deleted from the 1960
program. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Petition of Elaine J. McGhee et
al requesting reconsideration of the
proposed removal of an island
from the east end of Cooper Place
at the time of resurfacing of the
street during 1960, presented and
read.
Councilman Schaller moved to
leave the island as is. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schueller.
Nays-None.
Councilman Schreiber not vot-
ing
Petition of Ethilda Sassenrath et
al objecting to the proposed re-
surfacing of Keokuk Street, pre-
sented and read.
Councilman Schueller moved that
the proposed resurfacing of Ke-
okuk Street be deleted from the
1960 program. Seconded by Coun-
cilman Schaller Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Mr. Arthur and Donald Hartman
voiced their objections to the pro-
posed surfacing of Woodlawn and
Lindale Streets this year because
of the excavaton problem. They
were of the opinion that the pres-
ent excavations in the streets
should be allowed to settle more
before surfacing.
Councilman Freund moved that
the Council view the grounds on
all streets on the 1960 and 1961
program subject to call from the
Engineering Department. Seconded
• by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Petition of Retail Merchants Bu-
reau requesting that consideration
be given to making the Utility Ser-
vice Associates a place to pay over-
parking fines, which was believed
would engender good public rela-
tions as per resolution passed by
their body, presented and read.
Councilman Schreiber move d
that the petition be referred to the
~ City Manager and City Solicitor.
i Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Ccuncilmen
Freund, Schaller, Schreiber ,
Schaller.
Nays-None.
Petition of the Eska Company,
Inc., requesting that the time for
construction of the factory and of-
Tice building as provided in Sec-
tion 2 of Resolution No. 116-59 be
' extended from July 1, 1960, to July
t 1, 1963, presented and read.
Councilman Freund moved that
the petition be granted and refer
same to the City Manager and City
Solicitor to prepare proper pro-
ceedings. Seconded by Councilman
Schaller .Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
j Freund, Schaller, Schreiber ,
Schueller.
s `' Nays-None.
Petition of Daughters of Union
Veterans of the Civil War, the
Mary Agard Tent, requesting per-
mission to hold tag days on June
' 10, 11 and 13, presented and read.
" Councilman Freund moved that
the petition be granted providing
- theer are no conflicting dates.
~ Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
~ Schuelfer.
' Nays-None.
Petition of McCarten Plumbing
, & Heating Co. requesting renewal
privilege to excavate in the streets
° and alleys of the City, presented
and read.
Councilman Schueller moved that
the petition be granted. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of suspension of taxes
by reason of old age and infirmity
by George H. Brandt on the S',~z of
Lot 162 in East Dubuque Addition,
as submitted by the County Audi-
tor, presented and read.
Councilman Freund moved that
the petition be referred to the City
Manager. Seconded by Mayor Ta-
kos. Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of James and Elizabeth
Becker of 653 Kane Street request-
ing to be reimbursed for the
ground taken from their property
during the improvement of Kane
Street, presented and read. Mr.
James Becker addressed the Coun-
cil relative to his petition and
claims that the City removed a
strip of ground approximately five
feet wide and sixty-eight feet long.
Councilman Freund moved that
the petitionbe referred to the City
Manager. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of Arthur H. Oeth re-
questing that in order to settle
any question that might azise out
of the ambiguous phraseology on
the plat of Lot 1 of 8 of M. Wal-
ter's Sub. as approved by the Plan-
ning & Zoning Commission back
in 1936 and further requesting that
a quit claim deed be issued to
him, presented and read. Mayor
Takos moved that the petition be
granted and that proper proceed-
ings be prepared. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber
Schueller.
Nays-None.
Petition of Kenline, Roedell,
Hoffmann & Reynolds, on behaH
102 Regulaz Session, February 1, 1980
of their clients George Banworth
and Bernard J. Udeihoven request-
ing the Council to approve four
plats recorded in 1957 on land in
Table Mound Township to validate
them because they were originally
filed avoiding the requirements of
Chapter 409 of the 1958 Code, pre-
sented and read. Councilman
Freund. moved that the petition
be referred to the Planning & Zon-
ing Commission. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Donald Collentine et
al, owners of property adjacent to
existing Highway No. 20 from 61-20
Club east into the City, requesting
endorsement of the petition ob-
jecting to the proposed divided
four-lane construction of the high-
way in the area, presented and
read.
Attorney Hal Reynolds, repre-
senting a group of the property
owners along the highway, ad-
dressed the Council by stating that
the Board of Supervisors went on
record in support of the petition
on January 29, 1960. If the area is
annexed there is a possibility that
it may become a city problem. The
petitioners in the area are of the
opinion that an undivided highway
is best.
Councilman Schueller moved
that the petition be referred to the
City Manager and requested the
earliest possible meeting with the
Engineers and the Board of Super-
visors. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Petition of Alfred J. Meyer re-
questing approval of the division
of Lot 157 of L. H. Langworthy's
Addition into Lots 1 and 2 further
requesting that the presently pro-
posed assessments for the improve-
ment of Kane Street be apportion-
ed as 56% againgt Lot 1 and 44%
against Lot 2 of Lot 157 of L. H.
Langworthy's Addition, presented
and read. Councilman Freund
moved that the request be ap•
proved. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of Dubuque County So-
ciety for Crippled Children re-
questing permission to rnnduct
Lily Tag Days on April 9th and
11th presented and read. Council-
man Freund moved that the peti-
tion be granted providing there
are no conflicting dates. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Petition of Hillcrest Builders Inc.
submitted by O'Connor, Thomas,
McDermott & Wright, requesting
construction of an extension of the
Catfish Creek Interceptor Sewer
from Falk Sub. northwesterly a
distance of 'approximately 2300'
ending at a point lying about 320'
northwesterly o f Pennsylvania
Avenue to a point on the west line
of the West 430' of Lot 2 of 2 of
the SEya of SE'/a of Sec. 21, Twp.
89 N. 2E, presented and read.
Mr. Marshall Thomas addressed
the Council in behaH of the peti-
tioner by stating that he was of
the opinion that the granting of
the petition would fall in line with
proper planning for the entire area
west of Dubuque. Hilicrest Sub•
dividers are presently planning a
subdivision to be called Key
Knolls, which contains 535 build-
ing lots. A petition is now being
considered to have the area in-
cluded in the City Limits. It would
be a wise investment economically
for the City of Dubuque.
Councilman Freund moved that
the petition be referred to the City
Manager and Engineer to report
back to the Council to resolve a
policy. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilman
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Chris K. Koleas re-
questing a $50 refund on the un-
i`'
~:
1
~+.
e
i
3
5
Regular Session, February 1, 1980 103
expired portion of cigarette license
No. 145, as he has discontinued
business, presented and read. Coun-
cilman Freund moved that the re-
fund be granted and the Auditor
instructed to issue a warrant pay-
able to Chris K. Koleaa in the
amount of $50. to cover the amount
due on the unexpired portion of
cigarette license No. 145. Seconded
by Councilman Schreiber. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Proofs of Publication, certified
to by the Publishers, of Notice of
Levy of Special Assessment and
Intention of the City Council to
issue bonds for the construction of
an 8" sanitary sewer in Collins
Street, Hale Street and Weat Third
Street beginning at the existing
sanitary sewer in Lot 1 of Du-
buque Homes Subdivision No. 2
[hence northerly across Dodge
Street to the intersection of Lom-
bard Street and Collins Street,
thence easterly in Lombard Street
to the easterly ten feet of Lot No.
64 of Quigley's Subdivision, thence
northerly through Lot No's. 64, 1-19
and 20 all of Quigley's Subdivision
to the center of Hale Street, thence
easterly in Hale Street to Lot No.
30 of Westaby's Subdivision and
westerly in Hale Street to the west-
erly end of Hale Street, thence
northerly through Lot No. 1 of 2 of
Mineral Lot 156 to West Third
Street, thence easterly to West
Third Street to Lot No. 13 of
Michels Subdivision, presented and
read. Councilman Freund moved
that the proofs of publication be
received and filed. Seconded by
Mayor Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Takos, Councilmen
F r e v n d, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Mrs. Mabel Kramer
of 2230 W. Third Street objecting
to her assesment for construction
of the sewer on W. Third Street,
presented and read. Councilman
Schaller moved that the objection
be overruled. Seconded by Mayor
Takos. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Meeting recessed at 11:10 p.m.-
Reconvened at 11:25 p.m.
Statement of City Clerk certify
ing that the statements of account
were mailed on January 11, 1960
and notice of levy of Assessments
and Intention of the City Council
to issue bonds to the property
owners affected by the rnnstruc-
tion of the Collins Street, Hale
Street and W. Third Street 8" sani-
Lary sewer, presented and read.
Councilman Freund moved that the
statement be received and filed.
Seconded by Councilman Sch~el-
ler. Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Statement of James A. Schute,
certifying that notices of Levy of
Special Assessment and Intention
of the City Council to issue bonds
were posted along the line of im-
provement of the Collins, Hale k
W. Third Street Sanitary Sewer on
January 19, 1960, presented and
read. Councilman Freund moved
that the statement be received and
filed. Seconded by Councilman
Schreiber. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
RESOLUTION NO. 33fi0
SCHEDULE OF ASSESSMENTS
COLLINS, HALE 8, WEST THIRD
STREET SANITARY SEWER
Resolved by the City Council of
the City of Dubuque Iowa: That to
pay for construction of an eight
inch (8") sanitary sewer in Col-
lins Street, Hale Street and West
Third Street, beginning at the
existing sanitary sewer in Lot 1 of
Dubuque Homes Subdivision No. 2
thence northerly across Dodge
street to the Intersection of Col-
lins Street and St. Joseph Street,
thence in Collins Street to the
intersection of Lombard Street and
Collins Street thence easterly in
Lombard street to the easterly ten
feet of Lot No. 64 of Quigley's Sub-
division, thence northerly through
104 Regulaz Session,
Lot No's 64, 1.19, and 20 all of
Quigley's Subdivision to the center
of Hale Street, thence easterly in
Hale Street to Lot No. 10 of Westa-
by's Subdivision and westerly in
Hale Street to the westerly end
of Hale Street thence northerly
through Lot No. 1 of 2 of Mineral
Lot 158 to West Third Street,
thence easterly in West Third
Street to Lot No. 13 of Michels Sub-
division by SAFFRAN CONSTRUC-
TION CO., contraMor, in front of
and adjoining the same, a special
tax be and is hereby levied on the
several lots, and parts of lots, and
parcels of real estate all as named,
situated and owned, and for the
several amounts set opposite each
lot or pazcel of real estate, as set
forth in the following schedule.
University of Dubuque,
All Steffens Place..........$ 471.82
University of Dubuque,
Lot 1-2, Mineral Lot 156 3,301.34
Paul B. & Mary Schmid &
Samuel dx Lois Pusateri,
Lot 80, O'Neills Sub. No.
3 ........................................ 235.81
Paul B. & Mary Schmid &
Samuel & Lois Pusateri,
Lot 59, O'Neill's Sub.
No. 3 ................................ 235.81
Paul B. & Mary Schmid &
Samuel & Lois Pusateri,
Lot 58, O'NeBI's Sub.
No. 3 ................................ 285.81
Clifton & Joan A. Hun-
toon, Lot 57, O'Neill's
Sub. No, 3 .................... 235.81
Clifton & Joan A. Hun-
toon, Lot 56, O'Neill's
Sub. No. 3 ........................ 235.81
Herbert Dilworth, Lot 55,
O'Neill's Sub. No. 3..... 235.81
Herbert Wilworth, Lot 54,
O'Neili's Sub No. 3.... 235.81
Herbert Dilworth, Lot 53,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 52,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 51,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 50,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 49,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 48,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 47,
O'Neill's Sub. No. 3.... 235.81
Herbert Dilworth, Lot 48,
O'Neill's Sub. No. 3.... 188.37
February 1, 1980
John Conrad Jones, Lot
84, Quigley's Sub......... 591.88
Gilbert J. & Eunice L.
Grippes, Lot 2-19, Quig-
leY's Sub ........................ 365.51
Robert J. & Eliz. Allen,
Lot 20, Quigley's Sub..... 415.03
Frank L. & Ida Redding,
Lot 2-2-1-11, Westaby's
Sub . .................................. 308.55
Duane D. & Shirley A.
Deutmeyer, Lot 1-2-1-11,
Westaby's Sub . .............. 312.68
Rose L. Gere, Lot 10, Wes-
taby's Sub ....................... 235.81
Lucille E. & Jane Milson,
Lot 16, Michel's Sub..... 290.05
John L. & Helen A. Rod-
ham, Lot 17, Michel's
Sub . .................................. 235.81
John L, k Helen A. Rod-
ham, Lot 18, Michel's
Sub . .................................. 235.81
Elmer S. do Dorothy Terry,
Lot 19, Michel's Sub..... 235.81
Elmer S. & Dorothy Terry,
Lot 20, Michel's Sub..... 235.81
Elmer S. dz Dorothy Terry,
Lot 21, Michel's Sub..... 235.81
Mabel Kramer, Lot 15,
Michel's Sub . ................ 114.80
Mabel Kramer, Lot 14,
Michel's Sub . ................ 235.81
Mary Koerner, Lot 13,
Michel's Sub . ............No Benefit
University of Dubuque,
Lot 18, Ann O'Hares
Sub . .................................. 400.87
$11,890,51
172 Lin. Ft. 8" C.LP. @
$7.00 ................................ $1,204.00
1817.7 Lin. Ft. 8" V.T.P.
(Standard) @ 3.00............ 4,853.10
520 Lia. Ft. 8" V.T.P.
(Extra Strength) @ 3.00 1,580.00
29 No. of 8"x6"x2' Y
Branches @ 10.00............ 290.00
122.75 Lin. Ft. Concrete
Manhole Ht. in Ft. of
Sidewall @ 20.00 ............ 2,455,00
15 No. of Concrete Man-
hole Bases @ 10.00........ 150.00
15 No. of Manhole rings &
covers @ 50.00 ................ 750.00
2 No. of Drop Manhole Ap•
purtenances @50.00...... 100.00
120 Lin. Ft. Pipe jacked
is place @ 50.00............ 8,000.00
130.5 tons, crushed rock
street replacement @
3.50 .................................. 485.75
Easements .......................... 869.00
~;
Y'
a
c
s
Y
i a
' ~f¢
f
Regular Session,
729 sq. yds. sod replace-
ment @ 0.50 .................... 384.50
Extra Work ........................ 595.00
$19,458.35
Less City Cost
172 Lin. ft. 8" C.I.P. @
7.00 .................................. 1, 204.00
57.3 Lin. ft. 8" V.T.P.
(Standard) @ 3.00.......... 171.90
21.5 Lin. ft. Concrete man-
holes Ht. in Ft. of Side-
wall @ 20.00 .................... 430.00
3 No. of Concrete Manhole
Bases @ 10.00 ............ 30.00
3 No. of Manhole rings &
covers @50.00 ................ 150.00
120 Lin, Ft. Pipe jacked in
Place @ 50.00 ................ 6,000:00
729 Sq. Yd. sol replace-
ment @ 0.50 .................... 384.50
Extra Work ........................ 595.00
$8.945.40
Assessable Cost ........$10,510.95
10.5 Extra Expense.. 1,103.65
5% Interest 52 days.... 75.91
$11,690.51
All of which is assessed in pro-
portion to special benefits con-
ferred.
Passed, adopted and approved
this lat day of February, 1960.
PETER J. TAKOS
Mayor
GEORGE A. FREUND
LEO N. SCHUELf.ER
LOUIS S[!TTAT.T.F.T;
JOHN P. SCHREIBER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Freund moved the
adoption of the resolution. Second-
ed by Councilman Schreiber. Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 1, 1980
To the Honorable Mayor
and City Council
City of Dubuque, Iowa
Gentlemen:
Lot No. 10 of Westaby's Subdi-
vision was assessed in the amount
of $235.81 for the Collins, Hale,
and West Third Street Sanitary
Sewer. This Lot is served and was
Februazy 1, 1980 105
assessed in 1930 for the West Du-
buque Sanitary Sewer.
I, Therefore, recommend that
the City Auditor be instructed to
issue a warrant in the amount of
$235.81 to pay the assessment for
Lot No. 10 of Westaby's Subdivi-
sion.
Very truly yours,
/s/ L. J. SCHII.TZ,
pty Manager
Councilman Freund moved that
the recommendation of City Man-
ager be approved. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-NOne-
Proofs of Publication, certified
to by the Publishers, of Official
Notice of public hearing to con-
sider the proposal to authorize the
issuance of sewer bonds to pay for
the construction of the Collins,
Hale and W. Third street sanitary
sewer, presented and read. Council-
man Schueller moved that the
proofs of publication be received
and filed. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
RESOLUTION NO. 34.60
RESOLUTION PROVIDING FOR
THE ISSUANCE OF SEWER
BONDS FOA THE PURPOSE OF
PROVIDING FOR THE PAYMENT
OF THE ASSESSID COST OF
COLLINS, HALE & WEST TAIItD
STREET SANTTARY SEWER
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvement
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the City
Council has ascertained the cost
and has determined that $11,690.51
Dollars of the cost thereof shall
be assessed against the property
subject to assessment therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City Council to issue
bonds for the purpose of provld-
108 Regular Session,
ing for the payment of the assessed
cost of said improvement and a
public hearing has been held, pur-
suant to such notice and all ob-
jections made thereto have been
rnnsidered and determined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of the
construction of an eight inch (8")
sanitazy sewer in Collins Street,
Hale Street and West Third Street
beginning at the existing sanitary
sewer in Lot 1 of Dubuque Homes
Subdivision~No. 2 thence northerly
across Dodge Street to the inter-
section of Collins Street and St.
Joseph Street, thence in Collins
Street to the intersection of Lom-
bard Street and Collins Street,
thence easterly in Lombard Street
to We easterly ten feet of Lot
No. 64 of Quigley's Subdivision,
thence northerly through Lot No's.
64, 1-19, and 20 all of Quigley's
Subdivision to the center of Hale
Street, thence easterly in Hale
Street to Lot No. 10 of Westaby's
Subdivision and westerly in Hale
Street to the westerly end of Hale
Street, thence northerly through
Lot No, 1 of 2 of Mineral Lot 156
to West Third Street, thence east-
erly in West Third Street to Lot
No. 13 of Michel's Subdivision
there shall be issued Sewer bonds
in the amount of $11,890.51 Dol-
lars in anticipation of the defer-
red payment of assessments levied
for such improvement.
2. Such bonds shall be called
Sewer bonds; and shall bear the
date of March 2, 1960; and shall
be numbered consecutively; and
they shall be numbered, divided
into series, and be in such denom-
inations and for ;such maturity
dates as are shown in the follow-
ing table:
Series No. 1, Bond No. 2950 and
2951, Denomination $500.00 each,
Maturity April 1, 1981.
Series No. 2, Bond No. 2952 and
2953, Denomination $500.00 each,
Maturity April 1, 1982.
Series No. 3, Bond No. 2954 and
2955, Denomination $500.00 each,
Maturity April 1, 1983.
Series No. 4, Bond No. 2958 and
2957, Denomination $500.00 each,
Maturity April 1, 1964.
February 1, 1980
Series No. 6, Bond No. 2958 and
2959, Denomination $500.00 each,
Maturity April 1, 1965.
Series No. 6, Bond No. 2980 and
2981, Denomination $500.00 each,
Maturity April 1, 1968.
Series No. 7, Bond No. 2982 and
2963, Denomination $500.00 each,
Maturity April 1, 1967.
Series No. 8, Bond No. 2984, 2965
and 2988, Denomination $500.00
each, Maturity April 1, 1985.
Series No. 9, Bond No. 2987, 2988
and 2969, Denondnation $500.00
each, Maturity April 1, 1989.
Series No. 10, Bond No. 2970,
2971 and 2972, Denomination
$500.00 each, Maturity April 1,
1970.
Series No. 10, Bond No. 2973, De-
nomination $190.51, Maturity April
1, 1970.
3. Said bonds shall bear interest
at the rate of 5 per cent per an-
num, payable semi-annually in ac-
cordance with coupons thereto at-
tached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No .........................
Series No .........................
CITY OF DUBUQUE
SEWER BOND
The City of Dubuque in the State
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof, on the first day of............
~~ ................... or at any time before
that date, at the option of the
City of Dubuque, the sum of Five
Hundred dollars with interest
thereon at the rate of 5 per cent
per annum, payable semi-annually,
on the presentation and surrender
of the interest coupons hereto at-
tached. Both principal and interest
of this bond are payable at the
office of the City Treasurer in the
Citq of Dubuque, in the State of
Iowa. This bond is issued by the
City of Dubuque under and by
virtue of Chapter 398 of the 1954
Regulaz Session,
~ Code of Iowa, as amended, and the
Resolution of said City duly passed
on the 1st day of February, 1960,
being Resolution No. 34-80 the
provisions of which are incorpor-
' ated by reference into this Bond.
This Bond is one of a series
of 24 bonds, 23 for $500.00 number-
ed from 2950 to 2972, both inclu-
sive, and one for $190.51 num-
bered 2973, all of like tenor and
date, and issued for the purpose of
j constrvMing the Collins, Hale and
I West Third Street Sanitary Sewer
gg§~~~ as described in said Resolution,
in said City, which cost is payable
by the abutting and adjacent prop-
erty along said improvements and
is made by law a lien oa all of said
property. It is payable only out
of the Special Assessment Fund
No. 1222 created by the collection
of said special tax, and said fund
can be used for no other purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, prece-
dent to and in issuing this series
of bonds, have been done, happen-
ed, and performed, in regular and
due form, as required by law and
said Resolution, and for the as-
easement, collection and payment
hereon of said special taz the full
j faith and diligence of said City of
Dubuque are hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council has
caused this bond to be signed by
r its Mayor and countersigned by
its City Clerk and the Seal of said
1 City to be thereto affixed, this 2nd
day of March, 1960.
Mayor
City Clerk
(SEAL)
(Form of Coupon)
(-
Oa the ................day of ....................
'~' ........, the City of Dubuque, Iowa,
~' promises to pay to the bearer, as
provided in said bond, the sum of
p^ ............................Dollars, in the of-
fice of the City Treasurer in the
City of Dubuque, being ....................
February 1, 1960 107
months' interest due that date on
its ........................Bond No...................
dated ................................
..........................................................
Mayor
..........................................................
City Clerk
6. That the Mayor and City
Clerk be and they are hereby in-
structed to cause said bonds to be
prepared and when so prepared to
execute said bonds and that the
' City Clerk be and he is hereby in-
structed to register said bonds in
a book kept for that purpose and
to then deliver them to the City
Treasurer.
7. That the City Treasurer is
hereby instructed to sell said
bonds in the roamer provided by
law, the proceeds of said sale to
be placed in a special fund to be
known as Special Assessment Fund
No. 1222 and paid out by him to
pay the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the May-
or and countersigned with the fac-
simile signature of the City Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
the City Treasurer is directed to
call these bonds in the same order
as numbered.
10. Notice of election to call
these bonds shall be given by
regulaz United States Mail addres-
sed to the last known address of
the purchaser.
Adopted this 1st day of Febru-
ary, 1960.
PETER J. TAKOS
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
LOUIS SCHALLER
JOHN P. SCHREIBER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schreiber. Caz-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Schueller.
Nays-None.
108 Regular Session, February 1, 1960
Proofs of Publication, certified
to by the Publishers, of Notice of
Levy of Special Assessment and
Intention of the City Council to
issue bonds for the construction
of an eight inch (8") sanitary
sewer, Bid Section I, in Southern
Avenue from the City Corporation
Limit abutting Lot No. 1 of 1 of
Mineral Lot 5 and Lot No. 4 of
Mineral Lot 6 thence northerly
in Southern Avenue to Lot No. 7
of Mineral Lot 24; and from the
center line of Southern Avenue
to the westerly end of Dunleith
Street; and from the center line
of Southern Avenue westerly
through Lot No. 5 and Lot No. 8
of Jacobson Heights to Lot No. 5
of Jacobson Heights thence north-
erly through Lots No. 1, 2, 3, 4
and 5 of Jacobson Heights to the
north property line of Lot No. 1
of Jacobson Heights, presented and
read. Mayor Takos moved that
the proofs of publication be re-
ceived and filed. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of J. Allen Wallis Jr. et
ux objecting to the proposed as-
sessment against Lot 2 of Lot 1
of 1 of 2 of 1 of Faldorf's Place,
action on said petition was de-
ferred until the time of levy at
the Council meeting of May 4,
1959, presented and read. Attor-
ney Edward McDermott represent-
ing J. Allen Wallis Jr. addressed
the Council by asking them to
view the grounds.
Petition of Stella Roedell, by
Clewell Cooney & Fuerste her at-
torneys, objecting to the proposed
plans, form of contract and cost
of improvements, action on same
was deferred and ordered held un-
til time of levy by the Council at
their meeting of May 4, 1959, and
a second petition by Stella Roedell
objecting to the proposed amount
of levy against Lot 4 of M. L. 6
for the construction of the South-
ern Avenue sewer, presented and
read.
Petition of Michael Koppes Es-
tate, by Clewell, Cooney & Fuerste
their attorneys, objecting to the
proposed plans, form of contract
and cost of improvements, action
on same was deferred and ordered
held until time of levy by the
Council at their meeting of May 4,
1959, and a second petition by Mi-
chael Koppes Estate objecting to
the proposed amount of levy
against M. L. 5A of Lot 1 of 1 of
M. L. 5 for the construction of the
Southern Avenue sewer, present-
ed and read.
In view of the objections filed
against the proposed levy of the
Southern Avenue Sanitary sewer
Councilman Freund moved that
the Council delay action on the
levy untB they have an opportun-
ity to view the grounds. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Statement of the City Clerk cer-
tifying that statement of account
were mailed and notices of levy
of Assessments and Intention of
the City Council to issue bonds
were mailed on January 8, 1960,
to the property owners affected by
the construction of the Southern
Avenue Sanitary Sewer, Bid Sec-
tion I, presented and read. Coun-
cilman Freund moved that the
statement be received and filed.
Seconded by Councilman Schrei-
ber. Cazried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Statement of James A. Schute
certifying that copies of Notices of
Levy of Special Assessment and
intention of the City Council to
issue bonds were posted on Janu-
ary 13, 1960, along the line of im-
provement for the construction of
an 8" sanitary sewer in Southern
Avenue, Bid Section I, presented
and read. Councilman Freund
moved that the statement be re-
ceived and filed. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller
Nays-None.
Regular Session, February 1, 1960' 109
';,~ February 1, 1960
To the Honorable Mayor
. and City Council
I. ~ City of Dubuque
Dubuque, Iowa
m;+' Gentlemen:
Lot No. 2 of 2 of 1 of B of 1 of
-
~ 1 of 1 of Mineral Lot 24 was as-
` sessed in the amount of $331.53
for the Southern Avenue Sanitary
`; Sewer. The above named lot fronts
on Dunleith Court, and when a
;~: home was built on this lot in 1954,
the owner connected to the Grand-
S ', view Avenue Sanitary Sewer with
~3 the understanding that they would
not pay an assessment for a sewer
on Dunleith Court, until such time
that the home is connected to the
~ Dunleith Court Sewer.
I, therefore, recommend that a
warrant in the amount of $331.53
be issued from the Sanitation
Fund and the assessment of Lot
No. 2 of 2 of 1 of B of 1 of 1 of 1
of Mineral Lot 24 be paid by Lhe
City, and that a copy of this leb
ter be entered and recorded by
the County Recorder for the pur-
pose of establishing a connection
charge to the Dunleith Court San-
, itary Sewer for the amount of
$331.53 to be paid to the City of
Dubuque for the connection of
LotNo.2of2oflofBoflofl
i of 1 of 1 of Mineral Lot 24 to
said sanitary sewer.
f Very truly yours,
/s/ L. J. SCHILTZ
g City Manager
Mayor Takos moved that the rec-
~ ommendation of the City Manager
?
~ be approved. Seconded by Council-
. ~ man Schreiber. Carried by the fol-
lowing vote:
;y Yeas -Mayor Takos, Council-
,~~ men Freund, Schaller, Schreiber,
Schueller.
~ :,:~.;; Nays-None.
Proofs of Publication, certified
to by the Publishers, of Notice of
Levy of Special Assessment and
} a Intention of the City Council to
issue bonds for the construction of
. an eight inch (8") sanitary sewer
c in Thomas Place from the exist-
- ing manhole in Thomas Place op-
posite Lot No. 1 of 48 of Dreibil-
bies Addition northeasterly in
~? -'' Thomas Place to the East 109~fs'
of Lot 1 of 1 of Mineral Lot 470,
presented and read.
Councilman Freund moved that
the proofs of publication be re-
ceived and filed. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas - Mayor Takos, CouncB-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Arthur G. Hedley, in
behalf of his mother, objeMing to
the proposed sewer assessment
against her property on Thomas
Place, presented and read.
Mayor Takos moved that the
Council delay action on the levy
until they have an opportunity
to view the grounds. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Statement of the City Clerk cer-
tifying that statements of account
and notice of levy and intention
of the City Council to issue bonds
were mailed on January 8, 1980,
to the property owners affected by
the construction of an 8" sanitary
sewer in Thomas Place, presented
and read. Councilman Freund
moved that the statement be re
ceived and filed. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Statement of James A. Schute
certifying that notices of levy of
special assessment and intention of
the City Council to issue bonds
were posted along the line of im-
provement for the construction of
the Thomas Place sanitary sewer
on January 13, 1960, presented
and read. Councilman Freund
moved that the statement be re-
ceived and filed. Seconded by
CouncBman Schreiber. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
RESOLUTION NO. 3460
Providing for the conveyance to
Neil Lutes of the W'Fz of Lot 15 is
Littleton & Sawyers Addition to
110 Regulaz Session, February 1, 1980 j ' Regulaz Session, February 1, 1980 111
correct error of omission in deed
formerly given to him by resolu-
tion No. 237-59, presented and
read. Mayor Takos moved the ap-
proval of the resolution and di-
rected that a public hearing be
held on the resolution at 7:30 P.M.
in the Council Chamber and that
the City Clerk be instructed to
publish notice of the hearing in
the manner required by law. Sec-
onded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelter.
Nays-None.
RESOLUTION NO. 35fi0
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having com-
plied with the provisions of law
relating to the sale of cigarettes
within the City of Dubuque, be
granted a permit to sell cigazettes
and cigarette papers within said
City.
National Tea Company, 1313 Dodge
Street
Mrs. Helen Woodward, 1900 Wash-
ington Street
Mrs. Mildred Bauck, 2093 Wash-
ington Street
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
Passed, adopted and approved
this 1st day of February, 1960.
PETER J. TAKOS
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
LOUIS SCHAT.T.F.R
JOHN P. SCHREIBER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Takos moved the adop
tion of the resolution. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Sehueller.
Nays-None.
RESOLUTION NO. 3660
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
Councii 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 this City.
CLASS "B" PERMIT
William O'Neill, 55 Locust Street
Mrs. Agnella L. Anthoine, 119
West Bth Street
Mrs. Helen Woodward, 1900 Wash-
ington Street
Clarence J. Hagge, Jr., 1879-1881
Central Avenue
Maurice H. Mellon, 1027 Rhomberg
Avenue
Carl E. Nagehnaker, 3203 Jackson
Street
Lawrence Schwartz, 500 Rhomberg
Avenue
Joseph P. and Bernice Hillazd, 431
Rhomberg Avenue
Mrs. Mildred Bauck, 2093 Wsah-
ington Street
CLASS "B" PERMIT
FOR PRIVATE CLUB
Dubuque Boat Club, Inc., 2658 Lin-
coln Avenue
CLASS "C" PERMIT
National Tea Company, 1313 Dodge
Street
Passed, adopted and approved
this 1st day of February, 1960.
PETER J. TAKOS
Mayor
GEORGE A. FREUND
LEO N. SCHUET.T.FR
LOUIS SCHALLER
JOHN P. SCHREIBER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Takos moved the adop-
tion of the resolution. Seconded by
Councilman Freund. Carried by
the following vote:
Yeas =Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Sehueller.
Nays-None.
RESOLUTION NO. 37fi0
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 1T RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is
directed to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
' William O'Neill, 55 Locust Street
Mrs. Agnella L. Anthoine, 119
Weet 6th Street
Mrs. Helen Woodward, 1900 Wash-
ington Street
Clarence J. Hagge, Jr., 1879-1881
Central Avenue
Maurice H. Mellon, 1027 Rhomberg
Avenua
Carl E. Nagelmaker, 3203 Jackson
Street
i Lawrence Sehwaztz, 500 Rhomberg
Avenue
Joseph P. and Bernice Hillard, 431
Rhomberg Avenue
Mrs. Mildred Bauck, 2093 Wash-
ington Street
r
CLASS "B^ PERMIT
FOR PRIVATE CLUB
Dubuque Boat Club, Inc., 2658 LiR-
coln Avenue
t' CLASS "C" PERMIT
National Tea Company, 1313 Dodge
Street
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same aze here-
by approved.
Passed, adopted and approved
this 1st day of February, 1980.
j PETER J. TAKOS
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
LOUIS SCHALLER
JOHN P. SCHREIBER
Councilmen
Y
r.
Attest: LEO F. FROMMELT
City Clerk
Mayor Takos moved the adoption
of the resolution. Seconded by
Councilman Schuelter. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Sehueller.
Nays-None.
Mr. and Mrs. Harold Martin, Mr.
and Mrs. Paul Schwendinger, Mrs.
Eldon Vogt, Mrs. B. .i, Mills, Ed-
mond J. Sasson, Mr. Farm, Val
Plein, all residents of Kaufmann
Avenue, addressed the Council
relative to the need of a storm
sewer in Kaufmann Avenue. After
considerable discussion Council-
man Schreiber moved that the
Council authorize the Engineering
Department to draw plans for the
Kaufmann Avenue sewer project.
Secended by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelter.
Nays-None.
Councilman Freund moved that
Harold Sweet be appointed to the
Recreation Commission to fill the
unexpired term of Frank Fluckiger
to 7-5.61. Seconded by Mayor Ta-
kos. Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelter.
Nays-None.
Councilman Schuelter moved that
a letter of rnmmendation be sent
to retiring police chief Hugh Cal-
lahan. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelter.
Nays--None.
There being no further business
Councilman Freund moved to ad-
journ. Seconded by Councilman
Schreiber. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schuelter.
Nays--None.
LEO F. FROMMELT,
City Clerk.
Adopted
Approved
Councilmen
Attest:
City Clerk
112 Special Session,
CITY COUNCIL
(OFFICIAL)
Special Session, February 16,
1980.
Council met at 7:30 P. M.
Present-Mayor Takos, Council•
men Freund, Schaller, Schreiber,
Schueller. City Manager Schiltz.
Mayor Takos read the call and
stated that this meeting is called
for the purpose of levying special
assessments against the real es-
tate affected, to pay for the cost
of Constructing the Thomas place
and Southern Avenue, Bid Section
I, sanitary sewers and aMing upon
such other business as may prop-
erly come before a regular meet-
ing of the City Council.
February 8, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Arthur G. Hed-
]ey on behalf of Mrs. Joseph Hed-
ley, his mother, concerning the
assessment of $705.33 for a sewer
installed on Thomas Place was
referred to the Council to view
the grounds.
Upon viewing the grounds, it
was the decision of the Council
that the valuation of this property
should be the amount of $2000.00
thereby reducing the amount of
the assessment to $500.00.
I recommend that the decision
of the Council be confirmed and '
that the balance of $205.33 be paid
from the Sanitation~ewage Rental
Fund.
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Schaller.
Carried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
RESOLUTION NO. 38b0
Schedule of Assessments
Thomas Place Sanitary Sewer
Resolved by the City Council of
the City of Dubuque, Iowa: That
to pay for the construction of an
February 15, 1980
eight inch (8") sanitary sewer in
Thomas Place from the exisUag
manhole in Thomas Place opposite
Lot No. 1 of 48 of Dreibilbies Addi-
tion northeasterly in Thomas Place
to the East 109 54' of Lot 1 of 1 of
Mineral Lot 470, by SAFFRAN
CONSTRUCTION CO., contractor
in front of and adjoining the same,
a special tax be and is hereby lev-
ied on the several lots, and parts
of lots, and parcels of real estate
all as named, situated and owned,
and for the several amounts set
opposite each lot or parcel of
real estate, as set forth in the fol-
lowing schedule.
Catherine A. & Joseph R.
Bauer, Lot 2-6, Mineral
Lot 470 ..............................$554.19
Patricia Schnee, Lot 1.1-8,
Mineral Lot 470 ................ 831.28
Joseph Hedley, Lot S.W.56'-
5, Mineral Lot 470 .......... 705.33
Edward P. & Julia C. Heus-
er, Lot N.E. 31'-5, Mineral
Lot 470 .............................. 37.79
Edward P. k Julia C. Heu-
ser, Lot 4, Mineral Lot
470 ...................................... 529.00
Ralph & Lula Myers, Lot
23, Mineral Lot 470 ........ 307.32
Archie G. & Mary C. Thomp-
son, Lot 1-1.3, Mineral
Lot 470 ........................._... 341.33
Christina Susan Janzig, Lot
1-2, Mineral Lot 470 ......1,322.50
Geo. J. k Luella A. Seaz,
E 10954'-1-1, Mineral Lot
470 ...................................... 718.87
Viola Curler, Lot W.5437,
Hoopers Add .............No Benefit
$5,345.41
736.3 lin. ft. 8" V.T.P. @
$5.00 ................................$3.881.50
9 no. of8"z6"x2'Y
branches @ 10.00 ........ 90,00
14 lin. ft. Concrete man•
holes ht. in ft. of side-
wall @ 20.00 .................. 280.00
3 no. of concrete man-
holes @ 50.00 ................ 150.00
3 no. of manhole rings &
covers @ 50.00 .............. 150.00
1 no. of drop manhole ap•
purtenaneea @50.00 .... 50.00
145 tons crushed stone,
street replacement @
3.00 .................................. 435.00
$4,838.50
Extra expense 9.8% .......... 473.98
5% interest-52 days ...... 34.93
$5,345.41
7
I
f t
r
Special Session, ]
All of which is assessed in pro-
portion to the special benefits
conferred.
Passed, adopted and approved
this 15th day of February 1980.
PETER J. TAROS
Mayor
GEORGE A. FREUND
LEO N. SC~~•r.Fu
LOUIS SCIiAL
JOHN P. SCHREIBER
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 Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Proofs of Publication, certified
to by the Publishers, of Official
Notice of public hearing to con•
eider the proposal to authorize the
issuance of sewer bonds to pay for
the cost of constructing the Thom-
as Place Sanitary Sewer, presented
and read. Councilman Schaller
moved that the proofs of publica-
tion be received and filed. Second-
ed by Councilman Schreiber. Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
RESOLUTION NO. 390
Resolution providing for the is-
suance of Sewer bonds for the
purpose of providing for the pay-
ment of the assessed cost of The
Thomas Place Sanitary Sewer.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvement
hereinafter deseribed~ has been
completed and the City Manager
has certified the completion there-
of to the City Council and the City
Council has ascertained the cost
thereof and has determined that
$5,345.41 Dollars of the cost there
of shall be assessed against the
property subject to assessment
therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City Council to issue
bonds for the purpose of provid-
'ebruary 15, 1980 113
ing for the payment of the as-
sessed cost of said improvement
and a public hearing has been
held, pursuant to such notice and
all objections made thereto have
been considered and determined;
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of
the City of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of the
construction of an eight inch (8")
sanitary sewer in Thomas Place
from the existing manhole in
Thomas Place opposite Lot No. 1
of 48 of Dreibilbies Addition north-
easterly in Thomas Place to the
East 10954' of Lot 1 of 1 of Min-
eral Lat 470 there shall be issued
Sewer bonds in the amount of
$5,345.41 Dollars in anticipation of
the deferred payment of assess-
ments levied for such improve-
ment.
2. Such bonds shall be called
Sewer bonds; and shall bear the
date of. Mazch 2, 1960; and shall
be numbered consecutively; and
they shall be numbered, divided
into series, and be in such denomi-
nations and for such maturity
dates as are shown in the follow-
ing table:
Series No. 1, Bond No. 3023, De•
nomination $3W.00, Maturity April
1, 1981.
Series No. 2, Bond No. 3024, De-
nomination $300.00, Maturity April
1, 1962.
Series No. 3, Bond No. 3025, De-
nomination $300.00, Maturity April
1, 1983.
Series No. 4, Bond No. 3028 and
3027, Denomination $300.00 each,
Maturity April 1, 1964.
Series No. 5, Bond No. 3028 and
3029, Denomination $300.00 each,
Maturity April 1, 1965.
Series No. 8, Bond No. 3030 and
3031, Denomination $300.00 each,
Maturity April 1, 1966.
Series No. 7, Bond No. 3032 and
3033, Denomination $300.00 each,
Maturity April 1, 1967.
Series No. 8, Bond No. 3034 and
3035, Denomination $300.00 each,
Maturity April 1, 1968.
Series No, 9, Bond No. 3038 and
3037, Denomination $300.00 each,
Maturity, April 1, 1969.
Series No. 10, Bond No. 3038 and
3039, Denomination $300.00 each,
Maturity April 1, 1970.
114 Special Session,
Series No. 10, Bond No. 3040,
Denomination $245.41, Maturity
April 1, 1970.
3. Said bonds shall bear interest
at the rate of 5 per cent per an-
num, payable semi-annually is ac-
cordance with coupons therMo at-
tached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No .........................
Series No .........................
CITY OF DUBUQUE
SEWER BOND
The City of Dubuque in the State
of Iowa promises to pay as here•
inafter mentioned to the bearer
hereof, on the first day of ................
........, or at any time at the option
of the Cit yof Dubuque, the sum
of Three Hundred dollazs with in-
terest thereon at the rate of 5 per
cent per annum, payable semi-an-
nually, on the presentation and
surrender of the interest coupons
hereto attached. Both principal and
interest of this bond are payable at
the office of the City Treasurer in
the City of Dubuque, in the State
of Lowa. This bond is issued by
the City of Dubuque under and by
virtue of Chapter 398of the 1954
Code of Iowa, as amended, and the
Resolution of said City duly passed
on the 15th day of February, 1980,
being Resolution No. 3980 for the
provisions of which are incorpor-
ated by reference into this Bond.
This Bond is one of a series of
18 bonds, 17 fgor $300.00 number-
ed from 3023 to 3039 both inclu-
sive, and one for $245.41 numbered
3040 all of tenor and date, and is-
sued for the purpose of construct-
ing the Thomas Place Sanitary
Sewer as described in said Resolu-
tion, in said City, which cost is
payable by the abutting and ad-
jacent property along said im-
provements and is made by law a
lien on all said property. It is pay-
able only out of the Special As-
15, 1960
sessment Fund No. 1224 created
by the collection of said special
tax, and said fund can be used for
no other purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, pre-
cedent to and in issuing this series
of bonds, have been done, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and payment
hereon of said special tax, the full
faith and diligence of said City of
Dubuque aze hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk and the Seal of said
City to be thereto affixed, this
16 day of March, 1980.
Mayor
City Clerk
(SEAL)
(Form of Coupon)
On the............day of .....................
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
............................Dollars, in the of-
fice of the City Treasurer in the
City of Dubuque, being ....................
months' interest due that date on
its ............................Bond No...............
dated .............................
Mayor
City Clerk
6. That the Mayor and City
Clerk be and they are hereby in-
structed to cause said bonds to be
prepared and when so prepared
to execute said bonds and that
the City Clerk be and he is hereby
instructed to register said bonds
in a book kept for that purpose
and to then deliver them to the
City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bonds
Special Session, F ebruary 15, 1960 115
`s in the manner provided by law, the It is recommended that the de-.
- proceeds of said sale to be placed cision of the Council be confirmed.
in a special fund to be known as Respectfully submitted,
E' Special Assessment Fund No. 1224 L. J. SCHII.TZ,
~: and paid out by him the cost of City Manager
- said contract.
Councilman Schueller moved
8. That the interest coupons at- that the recommendation of the
tacked to the bonds be signed with City Manager be approved. Second-
' the facsimile signature of the May- ed by Mayor Takos. Carried by the
or and countersigned with the fac- following vote:
similie of the City Clerk. Yeas-Mayor Takos, Councilmen
9. That as fast as funds allow, Freund, Schaller, Schreiber,
beginning with the second yeaz Schueller.
after the payment of interest due, Nays-None.
r the City Treasurer is duected to February 8, 1980
r call these bonds in the same order
as numbered. To the Honorable Mayor
10. Notice of election to call and City Council
Dubuque, Iowa
these bonds shall be given by regu-
lar United States Mail addressed Gentlemen:
+ to the last known address of the The petition of Anna Koppes,
purchaser. Lloyd Koppes, Agnes Koppes Pil-
lard and Irene Koppes Fay object-
' Adopted this 15th day of Febru- ing to the amount of the special
1960 assessment for the construction
PETER J. TAKOS of a sanitary sewer in Southern
y Mayor Avenue was referred to the City
GEORGE A. FREUND Council to view the grounds.
LEO N. SCHLm'r-r~FR
LOUIS SCHAT.T,F.R Upon VIBWIng the grOUndS, It
SCHREIBER
JOHN P was the decision of the Council
.
Councilmen that the amount assessed against
Attest: LEO F. FROMMELT, this property was not out of pro-
City Clerk Portion to the benefits conferred
Councilman Freund moved the upon the property and that the
i adoption of the resolution. Second- valuation placed on the property
ed by Councilman Schreiber. Caz- was proper.
tied by the following vote• It is recommended that the de-
'1 Yeas-Mayor Takos, Councilmen cision of the Council be confirmed.
f Freund, Schaller, Schreiber, Respectfully submitted,
Schueller. L. J. SCHII.TZ,
Nays-None. City Manager
February 8, 1980 Councilman Freund moved that
To the Honorable Mayor the recommendation of the City
and City Council Manager be confirmed. Seconded
Dubuque, Iowa by Councilman Schueller. Carried
Gentlemen: by the following vote:
The petition of J. Allen Wallin Yoas-Mayor Takos, Councilmen
~~~ and Mazijane S. Wallis objecting to Freund, Schaller, Schreiber,
~= the amount of assessment against Schueller.
Nays-None.
Lot 2 of the Subdivision of Lot 1 of
x 1 of 2 of 1 of Faldorf Place in the February 8, 1980
City of Dubuque for the construe- To the Honorable Mayor
tion of the Southern Avenue sani- and City Council
~+ -`
~ tart' sewer was referred to the City Dubuque, Iowa
~ CouncII to view the grounds. Gentlemen:
Upon reviewing the grounds, it The petition of Stella Roedell
~~ was the decision of the Council objecting to the special assessment
that the assessed cost of this sewer on Lot 4 of Mineral Lot 6 in the
` was not out of proportion to the City of Dubuque for the construc-
rl;:;
: benefits received by the property lion of a sanitary sewer in South-
.. and the evaluation placed on this ern Avenue was referred to the
lot was proper. City Council to view the grounds.
118 Special Session, February 15, 1960
Upon viewing the grounds, it
was determined by the Council
that the amount assessed for this
sewer was not out of proportion to
the benefits derived to this proper-
ty and the valuation set upon this
property was proper.
It is recommended that the deci-
sion of the City Council be con-
firmed.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Mayor Takos moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
RESOLUTION NO. 40b0
SCHEDULE OF ASSESSMENTS
SOUTHERN AVENUE SANITARY
SEWER BID SECTION 1.
Resolved by the City Council of
the City of Dubuque, Iowa: That to
pay for the construction of an
eight inch (8") sanitary sewer, Bid
Section I, in Southern Avenue
from the City Corporation Limit
abutting Lot No. 1 of 1 of Mineral
Lot 5 and Lot No. 4 of Mineral
Lot B thence northerly in Southern
Avenue to Lot No. 7 in Mineral
Lot 24; and from the center line
of Southern Avenue to the wester-
ly end of Dunleith Street; and from
the center line of Southern Avenue
westerly through Lot No. 5 and Lot
No. 6 of Jacobson Heights thence
northerly through Lots No. 1, 2, 3,
4 and 5 of Jacobson Heights to
the north property line of Lot No.
1 of Jacobson Heights by MC DON-
NELL E%CAVATING SERVICE,
Contractor in front of and adjoin-
ing the same, a special tax be
and is hereby levied on the sev-
eral lots, and parts of lots, and
parcels of real estate all as named,
situated and owned, as for the
several amounts set opposite each
lot or parcel of real estate, as set
forth in the following schedule:
Milton & Louise Feller,
Lot W'h-5, Dunleith Sub$ 131.65
Milton & Louise Feller,
Lot 6, Dunleith Sub....... 263.30
Dorothy M. Taylor, Lot E
~/z 5, Dunleith Sub......... 131.65
Dorothy M. Taylor, Lot 4,
Dunleith Sub ................... 263.30
Dorothy M. Taylor, Lot W
10'-3, Dunleith Sub....... 43.86
Edward R. & Anna Laury,
Lot 7, Dunleith Sub..... 278.68
G. L. & Lois Muir, Lot W
40'-2, Dunleith Sub......... 175.54
Milton L. & Millicent
Kapp, Lot E 20'-2, Dun-
leith Sub ......................... 87.77
Milton L. & Millicent
Kapp, Lot 1, Dunleith
Sub . .................................. 283.93
G. L. & Lois Muir, Lot E
50'-3, Dunleith Sub....... 219.42
O. E. & Violet Griffith,
Lot 2-8, Mineral Lot 24.. 280.86
Theodore & Mary Kallo-
way, Lot 1-1-1-8, Mineral
Lot 24 .............................. 223.81
Joseph L. & Edith Stack,
Lot 1-2-1-8, Mineral Lot
24 ...................................... 223.81
Minna H. Lewis, Lot 1-1-9,
Mineral Lot 24 ................ 280.86
George R. & Mary Huse-
man, Mineral Lot 24 .... 219.42
Carl H. & Gladys Huse-
man, Lot 2-9, Mineral
Lot 24 ................................ 244.87
William J. & Elizabeth A.
Swift, Lot 7, Mineral Lot
24 ...................................... 482.72
Evelyn Mary Oneyear, Lot
2, Mineral Lot 11 ............ 219.42
Minna H. Lewis, Lot 1-1-1,
Mineral Lot 11 ................ 122.88
C. H. & G. M. Huseman,
Lot 1-2-1-1, Mineral Lot
9 ........................................ 285.25
Rudolph P. & Bernice
Huseman, Lot 2-2-1-1,
Mineral Lot 9, Deficien-
cy ...................................... 342.30
•J. C. Scully, Lot 2, Min-
eral Lot 9, Val. 362.88 251.50•
Herbert & Mary Katherine
Bates, Lot 2-1, Mineral
Lot 9 ................................ 285.25
Michael Koppes Est., Min-
eral Lot 5A .................... B31.93
'Michael Koppes Est., Lot
1-1-Mineral Lot 5, Val.
$1,480.61 ........................ 3,057.00•
'Stella Roedell, Lot 4, Min-
eral Lot 6, Val. 2,338.48 2,282.50*
•J. Allen Jr. & Marijane
L. Wallis, Lot 2-1-1-2.1,
Faldorf's Place, Val.
1,144.29 .......................... 2,000.00•
Gertrude J. Wirzbach, Lot
2-2, J. V. Keppler Place 319.04
s ,`
I
j
I
•F
i`
I
1
y:
Session, February 15, 1960 117
Mary E. Keppler, Lot 1.1-2,
J. V. Keppler Place........ 219.42
James & Helen Keppler,
Lot 2-1-2, J. V. Keppler
Place ................................ 219.42
Ernest B. & Mary Huse-
man, Lot 2-2-1A, Min-
eral Lot 24 ...................... 242.24
WBliam A. & Margaret
Kinsella, Lot 1, Jacob-
sen Heights .................... 329.13
R. J. & Mary E. Cullen,
Lot 2, Jacobsen Heights 324.74
James C. & Florence C.
Martin, Lot 3, Jacobsen
Heights ............................ 324.74
R. J. & Mary E. Cullen,
Lot 4, Jacobsen Heights 324.74
R. J. & Mary E. Cullen,
Lot 5, Jacobsen Heights 290.12
Sol & Phyllis Tabak, Lot 6,
Jacobsen Heights .......... 357.35
R. J. & Mary E. Cullea,
Lot 7, Jacobsen Heights 351.07
R. J. & Mary E. Cullen,
Lot 8, Jacobsen Heights 351.07
Dale M. & Lucille Walsh,
Lot 9, Jacobsen Heights 364.24
Evelyn Jacobsen, Etal, Lot
1-2~1-1-1-1-B-1-1-1, Min-
eral Lot 24 ...................... 702.14
E. J. & Pearl Connelly, Lot
2-1-1-B-1-1-1, Mineral Lot
24 ...................................... 583.00
Eugene W. & Roberta
Coffman, Lot 2-2-1-B-1-1-
1, Mineral Lot 24 ............ 331.53
Total Val.....$5,328.28 $18,947.47
$24,273.73
3,147.3 Lin. Ft. 8" V. T.
Pipe @ $3.20 ................$10,071.38
54 No. of Y Branches
8"x6"x2' @ 5.00 .............. 270.00
120.7 Lin. Ft. Concrete
Manholes Comp 1 e t e
Height in feet of side-
walls @ 18.00 .................. 1,931.20
14 No. of Concrete Man-
holes, complete bases @
30.00 ................................ 420.00
14 No. of Manholes, com-
plete ring & cover @
50.00 ................................ 700.00
418.3 Cu. Yds. Excavation
solid rock @ 17.00 ........ 7,111.10
444.8 Tons crushed rock
in place @ 2.75 .............. 1,223.20
$21,726.88
il°~ extra expense .... 2,389.85
5%-52 days .................... 156.92
$24,273.73
'Deficiencies to be paid by city.
All of whic his assessed in pro-
portion to the special benefits con-
ferred.
Passed, adopted and approved
this 15th day of February 1960.
PETER J. TAKOS,
Mayor
GEORGE A. FREUND
LEO N. SCmrFrrFu
LOUIS SCHAr•i•>•'lt
JOHN P. SCHREIBER
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Mayor Takos. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Proofs of Publication, certified
to by the Publishers, of OFFICIAL
NOTICE of public hearing to con-
sider the proposal to authorize the
issuance of sewer bonds to pay for
the cost of construction of the
Southern Avenue 8" sanitary sew-
er, Bid Section I, presented and
read. Councilman Freund moved
that the proofs of publication be
received and filed. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Schueller.
Freund, Schaller, Schreiber,
Nays-None.
RESOLUTION NO. 410
Resolution providing for the is-
suance of Sewer bonds for the
purpose of providing for the pay-
ment of the assessed cost of the
Southern Avenue Sanitary Sewer.
Whereas the contract heretofore
entered into by We City of Du-
buque, Iowa, for the improvement
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the City
Council has ascertained the cost
thereof and has determined that
$24,273.73 Dollars of the cost
thereof shall be assessed against
the property subject to assessment
therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City CouncB to issue
bonds for the purpose of provid-
118 Special Session, February 15, 19t1O
ing for the payment of the assessed
cost of said improvement and a
public hearing has been held, pur-
suant to such notice and all objec-
tions made thereto have been con-
sidered and determined;
Now Therefore Be It Resolved
by the City Council of the City of
Dubuque:
1. That to provide for the pay-
ment of the assessed cost of the
construction of an eight inch (8")
sanitary sewer, Bid Section 1, in
Southern Avenue from the City
Corporation Limit abutting Lot
No. 1 of 1 of Mineral Lot 5 and
Lot No. 4 of Mineral Lot 6 thence
northerly in Southern Avenue to
Lot No. 7 of Mineral Lot 24; and
from the center line of Southern
Avenue to the westerly end of
Dunleith Street; and from the cen-
ter line of Southern Avenue west-
erly through Lot No. 5 and Lot
No. 6 of Jacobson Heights to Lot
No. 5 of Jacobson Heights thence
northerly through Lots No. 1, 2,
3, 4 and 5 of Jacobson Heights to
the north property Bne of Lot
No. 1 of Jacobson Heights, there
shall be issued Sewer bonds in the
amount of $24,273.73 Dollars in
anticipation of the deferred pay-
ment of assessments levied for
such improvement.
2. Such bonds shall be called
Sewer bonds; and shall bear the
date of March 2, 1960; and shall
be numbered consecutively; and
they shall be numbered, divided
into series, and be in such denomi-
nations and for such maturity
dates as are shown in the follow-
ing table:
1-2974 to 2978 both inclusive-
$500.00 each, April 1, 1961.
2-2979 to 2983 both inclusive-
$500.00 each, April 1, 1962.
3-2984 to 2988 both inclusive-
$500.00 each, April 1, 1963.
4-2989 to 2993 both inclusive-
$500.00 each, April 1, 1964.
5-2994 to 2998 both inclusive-
$500.00 each, April 1, 1965.
6-2999 to 3003 both inclusive-
$500.00 each, April 1, 1966.
7-3004 to 3008 both inclusive-
$500.00 each, April 1, 1967.
8--3009 to 3013 both inclusive-
$500.00 each, April 1, 1968.
9-3014 to 3017 both inclusive-
$500.00 each, April 1, 1969.
10-3018 to 3021 both inclusive-
$500.00 each, April 1, 1970.
10-3022-$273.73, April 1, 1870.
3. Said bonds shall bear interest
at the rate of 5 per cent per an-
num, payable semi-annually in ac-
cordance with coupons thereto at-
tached:
4. Said bonds shall not make
the City of Dubuque liable in any
way, except for the aplication of
said special assessment funds.
5. Said bonsd shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No . ............
Series No.
CITY OF DUBUQUE
Sewer Bond
The City of Dubuque in the
State of Iowa promises to pay as
hereinafter mentioned to the bear-
er hereof, on the first day of
................................. or at any time
before that date, at the option of
the City of Dubuque, the sum of
Five Hundred dollars with interest
thereon at the rate of 5 per cent
per annum, payable semi-annually,
on the presentation and surrender
of the interest coupons hereto at-
taehed. Both principal and interest
of this bond are payable at the of-
fice of the City Treasurer is the
City of Dubuque, in the State of
Iowa. This bond is issued by the
City of Dubuque under and by
virtue of Chapter 39B of the 1954
Code of Iowa, as amended, and
the Resolution of said City duly
passed on the 15th day of Febru-
ary, 1900, being Resolution No. 41-
00 the provisions of which are in-
corporated by reference into this
Bond.
This Bond is one of a series of
49 bonds, 48 for $500.00 numbered
from 2974 to 3021 both inclusive,
and one for $273.73 numbered
3022, all of like tenor and date,
and issued for the purpose of
constructing the Southern Avenue
Sanitary Sewer as described in
said Resolution, in said City, which
cost is payable by the abutting and
adjacent property along said im-
provements and is made by law a
Special Session, February 15, 19~ 119
, lien on all of said property. R is
_
. payable only out of the Special
Assessment Fund No. 1223 created
by the collection of said special
_ Lax, and said fund can be used
~ for no other purpose.
'~` It is hereby certified and recited
that all the acts, conditions and
things required to be done, prece-
~ dent to and in issuing this series
of bonds, have been done, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and pay-
~ -. maul hereon of said special tax,
the full faith and diligence of
said City of Dubuque are hereby
irrevocably pledged.
In Testimony Whereof the City
r of Dubuque by its Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk and the Seal of said
City to be thereto affixed, this
16th day of March, 1900.
t,,
(SEAL)
Mayor
City Clerk
(Form of Coupon)
P On the ........ day of ......._..........
_ the City of Dubuque, Iowa, Prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
k ............... Dollars, in the office
of the City Treasurer in the City
of Dubuque, being ............ months'
t~ interest due that date on its
Bond No......... dated ...........
.............................................
Mayor
City Clerk
6. That the Mayor and City
Clerk be and they are hereby in-
structde to cause said bonds to
be prepared and when so prepared
to execute said bonds and that the
City Clerk be and he is hereby in-
structed to register said bonds in
~ a book kept for that purpose and
to then deliver them to the City
wr. Treasurer.
7. That the City Treasurer is
hereby instructed to sell said
bonds in the manner provided by
law, the proceeds of said sale
to be placed is a special fund to
be known as Special Assessment
Fund No. 1223 and paid out by
him to pay the cost of said con-
tract.
8. That the interest coupons at-
tached to the bonds be signed
with the facsimile signature of
the Mayor and countersigned with
the facsimile signature of the City
Clerk,
9. That as fast as funds allow,
beginning with the sernnd year
after the payment of interest due,
the City Treasurer is duected to
call these bonds in the same order
as numbered.
S0. Notice of election to call
these bonds shall be given by reg-
ulaz United States Mail addressed
to the last known address of the
purchaser.
Adopted this 15th day of Feb-
ruary, 1950.
PETER J. TAKOS
Hayor
GEORGE A. FAEUND
LEO N. SCHUF3S.ER
LOUIS SCHALLER
JOHN P. SC}DiF,TBER
Councilmen
Attest: LEO F. FROMMII.T
City Clerk
Councilman Freund moved the
adoption of the resolution. Second-
ed by Councilman Schreiber. Caz-
ried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Communication of Boazd of Dock
Commissioners recommending that
the Council authorize the Mayor
and Clerk to execute the approval
of the City providing for an Indus-
try track through the Flynn Ready
Mix Concrete Co. Lease to the
Dubuque Dock Company lease, to
provide service to both tenants,
presented and read. Councilman
Schueller moved that the recom-
mendation of the Dock Commis-
sion be approved. Seconded by
Councilman Freund. Carried by
the following vote:
Yeas -Mayor Takos, CouncB-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
120 Special Session, February 15, 1980
Communication of National Riv-
ers and Harbors Congress request-
ing that official delegates from the
City be appointed to be present
at the 47th Annual National Con-
vention to be held in Washington
May 24th to 27th, presented and
read. Councilman Schueller moved
that the communication be re-
ferred to the Council for consid-
eration. Seconded by Mayor Takos.
Carried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Communication of the American
Insurance Group revoking the pow-
er of attorney of Harvey M. Lange,
-presented and read. Councilman
Schaller moved that the communi-
cation be received and filed. Sec-
onded by Councilman Freund. Car
ried by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Communication of Playground
and Recreation Commission sub-
mitting arequest by Bernard Ken•
nedy of 476 Primrose Street for
the purchase of a strip of ground
30' wide by 129.86' long abutting
Kennedy's property, being a strip
and -part of the ground recently
purchased by the Commission
from Norbert Freiburger, said
Commission having no objection
to the sale of the aforementioned
strip of ground, presented and
read. Councilman Schueller moved
that the recommendation of the
Recreation Comnilssion be ap-
proved and that proper plat be
prepared and that the real estate
appraisal board be invited to set
a price on the property. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
.Schueller.
Nays-None.
Copy of resolution adopted by
.the Chamber of Commerce in sup-
port of Council action in what-
ever decision is made regazding
annexation, presented and read.
Mayor Takos moved that the reso-
lution be referred to the Council
for discussion at a meeting set
for February 29th. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 10, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am attaching a copy of the con-
tract and specifications for Aerial
Photographic and Photogrammetric
Services between the Chicago Aer-
ial Survey and the City of Dubuque
which you authorized me to nego-
tiate.
Dubuque County has also en-
tered into an agreement with the
City of Dubuque for the payment
of a portion of the work to be
performed outside the City. I am
also attaching a copy of this agree-
ment.
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Councilman Freund moved that
the contract and agreement be re-
ceived and made a matter of rec-
ord. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
CONTRACT FOR
AERIAL PHOTOGRAPHIC and
PHOTOGRAMMETRIC SERVICES
December, 1959
Between: City of Dubuque, Iowa
and
Chicago Aerial Survey Division of
Chicago Aerial Industries, Inc.
70265 Franklin Avenue
Franklin Park, Illinois
CONTRACT
PHOTOGRAPHIC and
PHOTOGRAMMETRIC SERVICES
This agreement is entered into
between the City of Dubuque
(Iowa) hereinafter called the City
and Chicago Aerial Survey Divi-
sion of Chicago Aerial Industries,
Inc. (10265 Franklin Avenue,
Franklin Park, Illinois) hereinaf-
ter called the contractor.
The services to be rendered and
items delivered by the contractor
Special Session, February 15, 1980 121
I. ;. and the costs to be borne by the
City as well as other provisions are
stated herein. The Contractor will
perform these services in accord-
ance with the specifications dated
December 1, 1959 which are at-
tached to and made a part of this
contract and which more complete-
!;t ly define and describe the services
~ ,~.. and the manner in which they
shall be performed. Duration of
this contract will be in 3 consecu-
five years and in accordance with
- the delivery schedule stated here-
in:
- The specific services and items
I
y to be delivered under this agree-
l ment and costs thereof are as fol-
lows and stated for each year:
~ A. FIRST YEAR
r 1. Fly an area of approximately
33 square miles as delineated
by the City on attached map,
so as to obtain convention
'. stereoscopic photographic cov-
erage at a negative scale of
one inch equals 1000 feet and
provide 3 sets of stereoscopic
coataM prints of the entire
coverage, along with 8 copies
of a photographic index and
2 pocket stereoscopes, cost in-
eluded with item A-4, except
2 sets of contact prints which
will be provided at $2.85 per
Print.
2. Provide three sound sets of
~~- , Atlas sheets in the form of
photographic enlazgements at
a scale of 1'200' of the entire
33 square miles. Atlas sheets
will have sufficienf overlap to
insure continuity
-per Atlas Sheet $8.75 each
- 3. Provide one set positive trans-
parancies of the entire 33
square miles in the form en-
lazgements at a scale of 1"
X00' suitable for diaze re-
;° ~-'~ production.
Transpazancies will have suf-
ficient overlap to insure con-
{ tinuity
F -per enlargement $19.00 ea.
..
, 4. Provide planimetric and topo-
~ graphic mapping of 18 square
' miles at a scale of 1"=200'
~ with 4' contours and 2' supple-
' mental contours; this azea
generally described as being in
,y~ the rural periphery of the City,
and described by section in the
,,~.. appendix of this contract.
B. SECOND YEAR
1. Provide planimetric and topo-
graphic mapping of approxi-
mately 5 squaze miles at a
scale of 1"-200' with 4' con-
tours and 2'supplemental con-
tours; this area generally des-
cribed as urban and concentric
inside the city limits. It is
agreed that prior to December
1, 1960 the City Manager will,
in letter form describe those
sections to be mapped in this
phase.
per square mile $838.40
2. Provide planimetric and topo-
graphic mapping of approxi-
mately 7 square miles at a
scale of 1"-200' with 4' con-
tours and 2' supplemental con-
tours; this area generally des-
cribed as being in the rural
periphery of the city. It is
agreed that prior to December
1, 1960 the City Manager will,
in letter form, describe those
sections to be mapped in this
phase.
-per square mile $710.40
C. THIRD YEAR
1. Provide planimetric and topo-
graphic mapping of approxi-
mately 5 squaze miles at a
scale of 1"-200' with a 4' con-
tours; thi sazea generally des-
cribed as the downtown and
river front area. This phase
will complete the mapping pro-
ject of the City. It is agreed
that prior to December 1, 1961
the City Manager will, in letter
form, describe those sections
to be mapped in this phase.
-per square mile $857.60
D. DUPLICATE FINAL MAPS
Additional copies of planimet-
metric and topographic maps
when ordered in writing by
City Manager prior to prepaza-
tioa of original maps will be
Per sheet ........................$13.80
It is understood that planimet-
ric mapping sheets cannot be
duplicated at the above price
after topographic features have
been delineated on master
manuscripts.
It is agreed that the City may,
or may not, elect to purchase
this item.
122 Special Session,
PERFORMANCE SCHEDULE
~'. The City understands that the
mature of the service is such that
weather conditions aze an inher-
e. ent hazard which can hinder deliv-
~, cry of this project. However, the
~, rnntractor will make every effort
to maintain the following delivery
schedule:
ITEM DELIVERY
A-1 within 30 days of the date of
contraM
A-2 within 45 days of the date of
contract
A-3 within 45 days of the date of
contraM
A-4' within IZO days of the date of
contraM
&1 on or before March 1, 1961
B-2 on or before March 1, 1961
C-1 on or before March 1, 1962
'Partial delivery to begin within
75 days.
OPTION NO. 1
It is further agreed that the
City, at its option may, prior to
December 1, 1960, choose to have
services outlined in paragraphs B-1,
B-2, and C-1 performed as a single
project for the second yeaz period,
thereby making this contract of 2
years duration. H the City exercises
this option specific services and
performance schedule and cost,
thereof is as follows:
SECOND YEAR
1. Provide planimetric and topo•
graphic mapping of approxi-
- mately 10 square miles at a
scale of 1"-200' with a 4 foot
rnntour interval with 2 foot
supplementary contours; this
area generally described as
the City proper. This phase to
complete the mapping project
for the City
-per square mile $819.20
2. Item B-2, unchanged
3. PERFORMANCE SCHEDULE,
SECOND YEAR
ITEM DELIVERY
Option No. 1 on or before May
1, 2961
In consideration of the City en-
tering into this agreement, the
Contractor further agrees to pro-
vide, on order from the City, with-
in areasonable time, planimetric
and topographic maps of any areas
in Dubuque County which the con-
February 15, 1960
tractor has made stereoscopic
aerial photographs of, but which is
not within the area described in
A-1. The charge for such maps
shall be 5851.20 per square mile
aad the City's rights under this
clause shall expire January 1, 1968.
The contractor recognizes that
excution of this contraM does not
obligate the City to procure the
additional services listed above, and
that this contract leaves the City
free to have the contractor perform
photographic and photogrammetric
services for the city above and
beyond those stated herein, but
only on written order of the City
Manager at prices stated in the
order.
The contractor shall complete
the services and deliver the items
specified as scheduled, and thirty
(30) days after said delivery the
amount for each item shall be
due and payable to the contractor
from the General Fund, Street
Fund, Water Department, or any
other funds lawfully available.
Upon complete payment of the
prices and chazges herein provided,
the maps and photographs pro-
vided herein, shall become the
property of the City of Dubuque
and duplicates of the phanimetic
or topographic maps shall not be
furnished to anyone except on
written order from the City Man-
ager.
Chicago Aerial Survey Division of
Chicago Aerial Industries, Inc.
Stephen M. Sickle, Manager of
Sales k Marketing
John H. Wolvin, Manager
Feb. 4, 1960
City of Dubuque
City of Dubuque, Iowa
L. J. SCHILTZ,
City Manager
Date Feb. 9, 1960
APPENDIX
TO CONTRACT FOR AERIAL
PHOTOGRAMMETRIC SERVICES
Following are Sections in consid-
eration of this contraM as per
Items A-1; A-2; A-3.
No's 1 through 16 inclusive aze
items in consideration of Item A-4,
and priority of completion of Item
A4 shall be in numerical order
as listed below:
All in Dubuque, North Iowa,
Wisconsin, Illinois Quadrangle and
Special Session, February 15, 1960 123
~ Dubuque, South Iowa and Illinois
Quadrangle.
No. 1, Section 14, Range 2 East,
Township 89N
No. 2, Section 15, Range 2 East,
Township 89N
No. 3, Section 16, Range 2 East,
Township 89N
No. 4, Section 22, Range 2 East,
Township 89N
No. 5, Section 21, Range 2 East,
Township 89N
No. 6, Section 27, Range 2 East,
Township 89N
No. 7, Section 28, Range 2 East,
Township 89N
No. 8, Section 35, Range 2 East,
Township 89N
No. 9, Section 1, Range 2 East,
Township 88N
No. 10, Section 9, Range 2 East,
Township 89N
No. 11, Section 17, Range 2 East,
Township 89N
No. 12, Section 20, Range 2 East,
Township 89N
~ No. 13, Section 34, Range 2 East,
Township 89N
No. 14, Section 12, Range 2 East,
Township 88N
No. 15, Section 11, Range 2 East,
Township 88N
t No. 16, Section 2, Range 2 East,
Township 88N
No. 17, Section 1, Partial Range 2
East, SeMion 89N
- No. 18, Section 2, Range 2 East,
,l a Township 89N
a No. 19, Section 12, Range 2 East,
Township 89N
No. 20, Section 10, Range 2 East,
Township 89N
No. 21, Section 11, Range 2 East,
Township 89N
No. 22, Section 13, Range 2 East,
Township 89N
No. 23, Section 23, Range 2 East,
Township 89N
~ No. 24, Section 24, Range 2 East,
h. - Township 89N
No. 25, Section 25, Range 2 East,
Township 89N
No. 26, Section 26, Range 2 East,
Township 89N
}. No. 27, Section 38, Range 2 East,
Township 89N
No. 28, Section 6, Partial Range
3 East, Township 89N
No. 29, Section 7, Partial Range
3 East, Township 89N
tip'-~~ No. 30 Section 18, Partial Range
T
ownship 89N
3 East,
No. 31, Section 17, Partial Range
3 East, Township 89N
No. 32, Section 20, Partial Range
3 East, Township 89N
No. 33, Section 19, Partial Range
3 East, Township 89N
No. 34, Section 30, Partial Range
3 East, Township 89N
No. 35, Section 31, Partial Range
3 East, Township 89N
No. 36, Section 6, Partial Range
3 East, Township 88N
No. 37, SeMion 5, Partial Range
3 East, Township 88N
No. 38, Section 29, Partial Range
3 East, Township 89N
No. 39, Section 33, Partial Range
3 East, Township 89N
AGREEMENT
This agreement entered into by
and between City of Dubuque,
Iowa, hereinafter referred to as
City and Dubuque County, Iowa
hereinafter referred to as County.
WITNESSETH:
Whereas City has entered into a
contract for aerial survey of por-
tions of Dubuque County as pro-
vided for in the attached contract;
and, whereas, the Board of Super-
visors of Dubuque County has
determined that said Contract is of
benefit to County and that County
should share in the cost thereof:
NOW THEREFOR IT IS AGREED
AS FOLLOWS:
1. County agrees to pay for the
followin gitems at the times
and prices set forth in the at-
tached contract:
Item
A-1 One complete set of stereos-
copic contact prints.
A-2 One complete set of Atlas
sheets.
A-4 County will pay 7/16 the cost
attributable to this item.
B-1 No charge.
B-2 Total contractors' charge for
this item.
C-1 No charge.
2. County will be provided, upon
receipt of materials by the
City from contractor, the fol-
lowing materials under the fol-
lowing items:
Item
A-1 One complete set of stereos-
copic contact prints
2 indices
1 pocket stereoscope.
A-2 One complete set of Atlas
sheets.
12A Special Session, February 15, 1960
A9 One set of sepia prints of
planimetoric and topographic
maps.
B-2 One set of sepia prints of
planimetoric and topographic
maps.
City of Dubuque
By L. J. SCHII,TZ,
City Mgr.
Dubuque County Iowa
By JOHN G. TIGGES,
Chairman of
Board of Supervisors
February 8, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The communication of Harold P.
Meloy, County Auditor, asking con-
currence of the City Council on
the petition of George H. Brandt
for suspension of the 1959 taxes
on Lot 182, South ~,4, East Du-
buque Addition, was referred to
the City Manager for report.
For the past several years this
request has been granted because
of age and infirmity and I recom-
mend that the same be approved
for 1959.
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Mayor Takos moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Februazy 8, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Harold Meloy,
County Auditor, asking concur-
rence of the City of Dubuque on
the sale of Lots 20, 21, 22, 27A,
2SA, 30A and 31A all in A. P.
Woods Addition to Bruce T. Mul-
grew for the sum of $76.00 was
referred to the City Council to
view the grounds.
Upon viewing the grounds, it was
the decision of the Council that
they would be willing to concurr in
the sale of these lots for the
amount of taxes due on them not
including interest, penalty and
notice costs. This amount as re-
ported by the County Auditor's of-
fice is $120.46.
It is recommended that the deci-
sion of the Council be confirmed.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Mayor Takos moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
February 9, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am attaching a letter and an as-
signment of account from the Du-
buque Bank & Trust Company. This
assignment is by the McDonnell
Excavating Service in the amount
of $21,726.86 for the Southern Av-
enue sanitary sewer project, sec-
tion 1.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Councilman Schaller moved that
the City Manager be authorized to
execute the assignment. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
February 3, 1960
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, 1959 and ending Decem-
ber 31, 1959.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Freund moved that
the reports be received and filed.
Seconded by Councilman Schaller.
Carried by the following vote:
~'
~ ;
`~
Session, February 15, 1960 125
Yeas-Mayor Takos, Councilmen '~.
Freund, Scha 1 1 e r, Schreiber,
Schueller.
Nays-None.
February 11, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
At the City Council meeting of
January 15th, the Council request-
ed that I make a study of the use
of the 5th Street parking lot. Tn
making this survey, the tally was
made for each meter in the lot
over a two week period. The re-
sults indicate that the north half
of the lot and the portion of the
lot closest to Bluff Street is used
more frequently than the rear and
south portion of the lot.
The revenue per meter on the
complete lot amounts to about
$2.13 per meter per month. The
revenue for the west one-haH of
the lot amounts to about $1.00 per
meter per month. During 1959, the
revenue from all of our pazking
lot meters amounted to $4.90 per
meter per month. H meters were
used to their maximum usage at
the rate of .05c per hour, the
total collections would amount to
$11.70 per meter per month.
I feel that the west half of this
pazking lot would be used to a
better advantage aad street pazk-
ing in this area would be relieved
if the rate was reduced to two
hours for .05c. This would take
caze of long time parkers in the
lot and leave the front part of the
lot available for a quicker turn-
over.
I believe that if this plan is fol-
lowed, we would double the rev-
enue from this off street parking
facility and also relieve the street
parking conditions.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Councilmen Freund moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepazed.
Seconded by Councilman Schrei-
ber. Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
February 12, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The complaint of several local
truckers relative to travel on
Grandview Avenue was referred to
the City Manager and City Council
to check with three or four cities
to see if we compare with our
gross tonnage requirements and if
any city issues special permits.
I have received replies from
Council Bluffs, Davenport, Madi-
son, Wisconsin, Waterloo and Sioux
City. All of these cities except
the city of Waterloo have an ordin-
ance regulating the movement of
trucks through the City. They have
designated truck routes upon which
trucks must travel or have streets
listed in the ordinance that re-
strict truck travel except when
making a delivery on these restrict-
ed streets. The City of Madison is
the only city that has a gross
weight limit which is 6,000 pounds.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Councilman Schaller moved that
the rules be suspended to allow
anyone preesnt address the Council
if they so desire. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Mr. Dick Henschel, representing
the Home Builders, addressed the
CouncR requesting an amendment
to the ordinance restricting heavy
trucks over Grandview Avenue to
protect local truckers. He was of
the opinion that they should be
able to use Grandview Avenue Ex-
tension at least.
Councilman Freund moved that
the matter be referred to the City
Manager and Police Chief for a
joint meeting with the affected
parties. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
126 Special Session, Februazy 15, 1980
February 11, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Because of numerous com-
plaints and requests that an investi-
gation be made concerning the
movement of traffic at the inter-
section of Asbury and University
Avenue, I have had the Police De-
partment survey the conditions and
make recommendations.
At the present time traffic is re-
quired to stop which is southbound
on Asbury Street and also east-
bound on University Avenue. A
situation exists where drivers
southbound on Asbury enter the
intersection, there is no danger
from eastbound University Avenue
traffic, but there is a constant
danger to drivers westbound on
University with southbound As-
bury traffic proceeding into the
path of westbound University traf-
fis. This situation leads to con-
siderable confusion during the
hours of heavy traffic and it is
felt that the painting of lanes or
the installation of "yield" signs
would not be effeMive.
It is recommended that a stop
sign be erected in such a manner
as to stop westbound University
Avenue traffic at Asbury. II this
recommendation is approved it will
mean that all traffic entering this
intersection would be required to
halt before proceeding through the
intersection.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager
Councilman Schaller moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
February 15, 1960
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap-
proved the following bonds and
policies and desire to have your
approval on same for filing, subject
to the approval of the City Solicit-
or:
HEATING
Dubuque Sheet Metal Company,
National Surety Corporation
Lavern Ney, D/B/A Mid-Central
Heating Company, Western Surety
Company
TELEVISION CABLE
Jerrold Electronics Corp., et al
Philadelphia, Pa., Policy No. XP
311960 The Fidelity and Casualty
Co.
Respectfuliy submitted,
L. J. SCHII.TZ,
City Manager
Councilman Schueller moved
that the bonds and policies be ap-
proved for filing subject to the
approval of the City Solicitor. Sec-
onded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 1 I e r, Schreiber,
Schueller.
Nays-None.
February 15, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
A request has been made to pro-
vide two hour parking in the 900
block on White Street to provide
a buffer between the metered area
and the area which has no restric-
tions.
Upon investigation it was found
that this block is taken up mostly
by all day packers. It was felt that
with business establishments in
this block which needed a parking
turnover, that parking should be
restricted.
It is recommended that a two
hour parking zone be provided on
both sides of White Street from 9th
Street to 10th Street.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 1 I e r, Schreiber,
Schueller.
Nays-None.
is
J ..
i
i
,M~
4
i
I ;.
~. L.
V
Special Session, February 15, 1980 127
February 15, 1980
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Police Department has
recommended that no pazking be
permitted on both sides of East
15th Street and East 16th Street
from Sycamore Street east a dis-
tance of 950 feet. At the present
time no pazking signs are placed
along both streets because of ad-
jacent parking lots.
I recommend that no parking be
permitted on East 15th and East
16th Street from Sycamore Street
east a distance of 950 feet.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager
Councilman Schueller moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
February 12, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The lot description of the fol-
lowing named lot, owned by George
Saffran, was recorded in error in
the County Auditor's records,
therefore, it is listed wrong on the
City of Dubuque 1959 Concrete
Curb and Gutter Project No. 1, Sec-
tion III.
Lot is listed as:
Owner Description
George Saffran, Lot 1-1-1-1.1-2 of
Willy Place
should be listed as follows:
Owner Description
George Saffran, Lot 1-1-1 of Willy
Place
It is requested that your Honor-
able Body grant the City Clerk per-
mission to correct the final sched-
ule of assessment.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Councilman Freund moved that
permission be granted to the Clerk
to make proper correction. Second•
ed by Mayor Takos. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
February 15, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Re: Extension of Trunk Line
Sanitary Sewers
Upon your instructions, an in-
vestigation of the extension of
trunk line sanitary sewers to serve
areas within the existing city limits
and the proposed annexation areas
was conducted by the City En-
gineering Department. The pur-
pose of this study was to determine
the general overall requirements
of the areas and to establish a basis
for city participation in the con-
struction of the sanitary sewers.
A survey was conducted among
some of the lazger cities of the
state to find what policies or order
of construction that they partici-
pate in for the construction of san-
itary sewers to areas similar to our
problem. The results of the survey
are as follows:
CEDAR RAPIDS, IOWA
The City of Cedar Rapids has a
loose policy at the present time
with the hopes of establishing a
more concrete one in the near
future. Their policy is primarily as
follows:
1. The city pays for the difference
in size for any sewer constructed
which is larger than eight inches
(8") in diameter.
2. They determine each case In-
dividually and on its own merit.
3. Tn a few cases they construct the
sewer to the edge of the proper-
ty in question and the owner con-
tinues on the basis as listed un-
der Item No. 1.
4. Another case or example of their
policy is that owner A constructs
a sewer through owner B's prolr
arty to serve a subdivision pro-
posed by owner A, but at this
time owner B is not planning a
subdivision. The City partici-
pates as outlined in Item No. 1
and helps protect owner A by
establishing a c o n s t r u c t i o n
charge to be effective upon own-
128 Special Session, February 15, 1980
er B at the time his property is
subdivided for the cost of the
entire sewer through owner B's
property based on an eight inch
(8") sewer.
5. They serve no area outside of
the city limits.
DAVENPORT, IOWA
The City of Davenport has the
present policy of extending main
sewers financed by a revenuebond
issue with a set rnnnection charge
for all homes connecting to the
sewer. Another factor of their
policy was to assess the sewers on
"drainage area bases" with a con-
nection charge added upon connec-
tion to the sewer. They haven't
had too many cases recently to es-
tablish any set procedure for ex-
pansion.
WATERLOO, IOWA
The City of Waterloo pays for all
major sewer extension by General
Obligation Bonds with conneMion
charges only assessed to existing
homes or buildings. They do not
have any policy but they would
like to establish one similaz to our
existing situation and connection
charges for "private sewers".
OTTUMWA, IOWA
The City of Ottumwa has a sim-
ilar policy as Cedaz Rapids with
the city participating in the cost
of any sewer lazger than eight
inches in diameter; establishing a ',
connection charge through unused '~~
property; paying for the city's
share from the Sanitation Funds;
and handling each case individual-
ly. Also the City of Ottumwa will
not extend a sewer outside of the
city limits.
The results of the survey of
other cities indicate that the prob-
lem is widespread and without a
general solution to govern all
cases which may arise.
It is evident by combining the
City of Dubuque's situation with
conditions in other cities, that a
partial solution for the problem
be as follows:
1. All areas to be served by sewer
or water shall be within the city
limits or a petition for annexa-
tion must have been submitted
before sewer may be connected
to city systems.
2. City should consider each exten-
sion separately and analyze its
use against the construction costs
and recoverable costs.
3. Interceptor sewers are to be con-
structed by the City at city ex-
pense except where portions
located on street can be assessed
or connection chazges establish-
ed. Connection charges are to be
paid to City when connection is
made and on basis of the cost
for an eight inch (8") sewer.
4. Trunk lines are to be constructed
by those desiring extension with
the City paying for difference in
costs between an 8" and a larger
size sewer as the need is deter-
mined by the City Engineer.
5. Where necessary to construct a
sewer through agricultural or
undeveloped property to serve a
new subdivision, the subdivider
shall construct the sewer with
the City paying the diffeernce
between an eight inch (8") and
larger size sewer. The subdivider
will certify his cost to the City
Council for the section through
the undeveloped property. This
amount will be paid by the own-
er of the undeveloped property
to the original subdivider before
a plat would be approved subdi-
viding the undeveloped property.
If easements on behalf of the
City cannot be obtained by the
subdivider the City shall obtain
the easements and the cost of them
shall be added to the sewer cost of
the subdivider and paid by him.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved that
action be deferred until the regu-
]ar Council meeting of March 7th.
Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 1 I e r, Schreiber,
Schueller.
Nays-None.
February 8, 1980
Honorable Mayor and Members
of the City Council.
Gentlemen:
I have examined the claim of
Mrs. Helen Schadee, 2365 Univer-
sity for injuries sustained in a fall
on a public sidewalk January 4,
Special Session,
1960 and can find no negligence on
the part of the City and recom-
mend the claim be denied.
Respectfully
~ T. H. NELSON
~' Councilman Freund moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Scheuller.
Nays-None.
Notice of claim of Arthur F.
-fi Studier, in an un-named amount,
for damageto his property as the
result of a rubbish truck driving
over his lawn on January 8, 1960,
presented and read. Councilman
Freund moved that the claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Schreiber. Cazried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber.
Nays-None.
I Notice of claim of Irvin C.
Engler in the amount of $15.00, for
damage to his car as the result
of striking icy ruts in the street
at the corner of Jones & Terminal
streets on February 8, 1960, pre-
sented and read. Councilman
Freund moved that the claim be
1 referred to the City Solicitor for
investigation and report. Seconded
by Councilman Schreiber. Carried
(. ,.`_ by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Notice of claim of Leo J. Lynch,
is the amount of $41.34 for damage
to his caz as the result of striking a
hole in the street at Dodge & Main
on February 1, 1960, presented and
read. Councilman Freund moved
that the claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilnam
Schreiber. Carried by the follow•
ing Vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
_ Nays-None.
r Notice of claim of Chazles H.
f Knapp, in an un-named amount,
for personal injuries in a fall in
February 15, 1960 129
the alley in the rear of Walsh
stores on December 22, 1959, pre-
sented and read. Councilman
Freund moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Schreiber. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
ORDINANCE NO. 7.60
An Ordinance accepting the Con-
veyance of Lot 11 in Block 1 of
"Henschel's Highlands Subdivi-
sion" in the City of Dubuque, Du-
buque County, Iowa, and widening
Kelly Lane to include the same,
presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Mayor
Takos. Carried by the following
vote:
Yeas-Mayor. Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
ORDINANCE NO. 7.60.
An Ordinance Accepting the
Conveyance of Lot 11 in Block 1
of Henachel's Highlands Sub-
division" in the City of Dubuque,
Dubuque County, Iowa, and wid-
ening Kelly Lane fo include the
same.
WHEREAS, Richard C. Hen-
schel and Mildred L. Henschel
have tendered to the City of Du-
buque, their conveyance of
Lot 11 In Block I of "Henechel's
Highlands Subdivision" In the
City of Dubuque, Dubuque
County Iowa,
for the purpose of widening Kelly
Lane;
NOW, THEREFORE, BE IT
ORDAINED BY THE C I T Y
COUNCIL OF THE CITY OF
DUBUQUE:
Section 1. That the conveyance
01 Richard C. Henschel and Mil-
dred L. Henschel, his wife, by
Warranty Deed, to the City of
Dubuque o1 Lot 11 in Black 1 of
Hensche]'s Highlands Subdivi-
sion" is the City o[ Dubuque, Du-
buque County Iowa, Se hereby ac-
cepted;
Section 2. That Kelly Lane be
and the same la hereby widened
and extended to Include Lot 11 in
130
be
and
tton
Special Session, February 15, 1980
of Henechel's Highlands
m as a public street in
of Dubuque.
S. That the City Clerk
ie is hereby ordered and
to record a certified copy
ordinance In the office of
ty Recorder of Dubuque
This Ordinance shall
force and effect from
its final passage, adop-
publication as by law
That
[he
~d the 16th day of
Street from Maln Street to Locust
Street.
Section 2. This Ordinance shall
be in full force and effect from
and after its final passage adop-
tion and yubllcatlon ae ~y law
provided.
Introduced the 15th day of Feb-
ruary, 1960.
Rule requiring reading on three
separate days suspended by unanl-
moue vote the 15th day of Febru.
ary, 1960.
Passed by recorded roll call vote,
adopted and approved ihle 16th
day of February, 1960.
PETER J. TAK03
Mayor
OEOROE A FREUND
LEO N. SCHUELLER
LOUIS SCHALLER
JOHN P. BCHREIBER
Councilmen
Attest:
LEO F. FROMMELT
City Clerk
Published o[Itclally in The Tele-
graph-Herald newspaper thta 19th
day o[ February 1960.
LEO F. FROMMELT
City Clerk
lt. 2-19
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Schreiber. Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 1 I e r, Schreiber,
Schueller.
Nays-None.
Rule requiring reading on three
separate daY9 suspended by
unanimous vote the 16th day of
February, 1960.
Passed by recorded roll call vote,
adopted and approved this 15th
day of February, 1980.
PETER J. TAKOS
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
LOUIS SCHALLER
JOHN P. BCHREIBER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published oP[lcially in The Tele-
graph-Herald newspaper thl9 19th
day of February 1960.
LEO F. FROMMELT,
It. 2-19 City Clerk.
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Mayor Takos. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
ORDINANCE NO. 8.60
An Ordinance Amending Ordin-
ance No. 7-47 by Repealing Section
No. 7.4.10 and enacting a substitute
therefor, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Schreiber. Carried by the
following vote:
Yeas-JNayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
ORDINANCE NO. 8-60
An ordinance amendsnngg Ordin-
ance No. 1-47 by Resyealing Sec-
tion No. 7.4.10 and enacting asub-
etitute therefor.
Be It Ordained by the Clty
Council o[ the City of Dubuque,
Iowa:
ORDINANCE NO. R60
Authorizing the execution of a
Quit Claim Deed to Arthur H. Oeth
releasing adQ right in the triangle
parcel of land lying east of Lot 8
of M. Walter's Addition and desig-
nated Proposed Street Develop-
ment on the original plat reserving
the right for sanitary sewer, pre-
sented and read.
Councilman Freund moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun•
climes Schueller. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
I
*~
~~
~(
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i
..'4
Session, February 15, 1960 131
ORDINANCE No. 9-80
whereas, upon the plat of "M.
N'altets Addition" there appears
a triangular parcel of land lying
immediately east of Lot 8 of said
addition and designated "Proposed
Street Developmont"; and,
Whereas, queetion has arisen
whether the City of Dubnquc has
acquired interest m said r e a l
estate through sash designation:
nd,
Whereas, in order to remove such
cloud from his title, Arthur H.
Oeth, as owner of such tract has
pets tinned the City Council for o
qmt claim dyed releasing any claim
of Lhe City thereto; and,
Whereas, the City Council has
determined that Che City of Du-
buque does not have any interest
in or use for said tract except for
the samtaty sewer easement there-
in n-hich appears on subsequently
recorded plat of said paroel;
NOw THEREFORE BE IT RE-
SOLVED BY THF. CITY COUN-
CIL OF THE CITY OF DU-
BUQUE:
1. That the Mayor and City
C:erk be and they are hereby ao-
thori8ed and directed to execute
and deliver the quit claim deed
of the City of Dubuque to Arthu:
II. Oeth releasing all right, Cite
and interest in the City of Dn-
bvque in the triangle parcel o~.
"Yropoaed Street llevelopment" on
the original plat of said Additior.
but reserving to the City of llu-
bugve an easement for sanitary
sewer as the same appears upon
the subsequently recorded plat oY
paid parcel.
That the City Cleek ba and he
ie hereby authoriaod and directed
to record a certified copy of [his
IIesolution in the office of the
County Recorder.
Passed adopted and approved
February 15, 1960.
PETER 7. TAKOS
Mayor
Councilmen
GEORGE A. FRF.UND
LEO. N. SCHUELLER
LOUIS SCHALLER
JOHN P. S'CHREIBER
A freer: Lao F. Frommelt
City Clerk
Published officially m the Tele-
graph-Herald newspaper this 19th
day of February 1960.
Leo E. Frommelt,
City Clerk
1t. z-ls
Councilman Freund moved the
adoption of the Ordinance. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
ORDINANCE NO. 10.60
An Ordinance vacating the east-
erly 8 feet of Heeb Street from the
north line of West Seventeenth
Street northerly a distance of 36
feet, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Ceuncilman Shereib-
er. Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on the
three separate days. Seconded by
Councilman Schreiber. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Councilman Freund moved that
a public hearing be held on the
Ordinance on April 4, 1960 at 7:30
P.M. in the Council Chamber at the
City Hall and that the City Clerk
be instructed to publish notice of
the hearing in the manner required
by law. Seconded by Councilman
Schreiber. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of William E. Claiborne
requesting a $50. refund on the un-
expired portion of cigarette license
No. 276, as he discontinued busi-
ness on December 24, 1959, pre-
sented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to issue a warrant payable to Wil-
liam E. Claiborne, in the amount
of $50.00 to cover the amount due
on the unexpired portion of cigaz-
ette licence No. 276. Seconded by
Councilman Schueller. Cazried by
the fallowing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Mrs. Louise Pitz re-
questing a $25. refund on the un-
expired portion of cigazette license
No. 48, as she has discontinued
business on February 2, 1960, pre-
sented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to issue a warrant payable to Mrs.
Louise Pitz, in the amount of $25.
to cover the amount due on the un-
expired portion of cigarette license
No. 48. Seconded by Councilman
132 Special Session, February 15, 1960 Special Session, February 15, 1960 133
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Clarence Walke re-
questing a $25. refund on the un-
expired portion of cigarette license
No. 231, as he has discontinued
business on February 1, 1960, pre-
sented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to issue a warrant payable to Clar-
ence Walke, in the amount of
$25.00, to cover the amount due on
the unexpired portion of cigarette
license No. 213. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Fred Frary request-
ing a $25. refund on the unexpired
portion of cigarette License No.
103, as he has discontinued busi-
ness on February 13, 1960, present-
ed and read. Councilman Freund
moved that the refund be granted
and the Auditor instructed to is-
sue a warrant payable to Fred
Frary, in the amount of $25.00, to
cover the amount due on the un-
expired portion of cigarette license
No. 103. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilman ~
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Fred Frary request-
ing a $100. refund on the unex-
pired portion of Class B beer per-
mit No. 106 as he has discontinued
business on February 13, 1960, pre-
sented and read. Councilman
Freund moved that the refund
be granted and the Auditor in-
struced to issue a warrant pay-
able to Fred Frary, in the amount
of $100., to cover the amount due
on the unexpired portion of Class
B beer permit No. 106. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of George Kehl et al, 13
other signers, objecting to the pro-
posed widening and re-surfacing of
Saunders Street, presented and
read. Councilman Schueller moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Schaller. Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of George Kehl and wife
'I objecting to the proposed improve-
ment of Saunders street, presented
and read. Councilman Schueller
moved that the petition be referred
to the Council to view the grounds.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of William Hilvers et al,
51 signers, requesting that im.
provement of Saunders street be
retained in the 1960 improvement
program, presented and read.
Councilman Schueller moved that
the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Mr. George Kehl and Russell
Kerth addressed the Council by
voicing their objection to the im-
provement of Saunders Street. Mr.
Cletus Koppen, M. Langkamp and
Jerry Pickel, all residents of Oak-
crest Drive and I-Hllcrest, were in
favor of the improvement as Saun-
ders street is the only access road
to Church and School toward Cen-
tral Avenue.
Petition of Dubuque Packing
Company requesting consideration
to find a solution for the surface
water that flows down 17th street
after a heavy rainfall prior to the
construction of a large addition
to their plant to the rear of the
existing building on and over 17th
street, presented and read.
Mr. Archie Kuehn & Irwin Oeth,
representatives of the Dubuque
Packing Company addressed the
Council in behalf of the petition.
Councilman Freund moved that
the petition be set down for con-
sideration at a meeting of the
Council scheduled for February
29th. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Donald D. Feltes et
al, a group of workers from the
Barrett Division, objecting to the
spilling of acid in the street as the
result of breaking car batteries at
the junk yard to the rear of the
plant, presented and read. Council-
man Schaller moved that the peti-
lion be referred to the City Man-
f• ager for investigation and report.
Seconded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
4
~~i
Petition of James E. Keppler
objecting to the proposed surfacing
of Dunleith Court for at least an-
other year, presented and read.
Councilman Freund moved that the
petition be referred to other peti-
tions on the same street and that
the Council view the grounds. Sec-
onded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Petition of Dubuque Baseball Inc.
requesting permission to hold a
parade on April 30th, presented
and read. Councilman Schueller
moved that the petition be granted.
Seconded by Mayor Takos. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Petition of Myron E. Vance re-
questing permission to connect to
the sewer in Pleasant street, pre-
sented and read. Councilman
Schueller moved that the petition
be granted. Seconded by Mayor
Takos. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Petition of Donald J. Schute
objecting to the proposed improve-
ment of Greenfield Street, present-
ed and read. Councilman Schreiber
moved that the petition be referred
to the other petitions relative to
the 1960 improvement program
and that the Council view the
grounds. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
February 12, 1960
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
In accordance with the provi-
sions of Section 391.63 of the Code
of Iowa, I herewith submit a plan
of division of my property known
as Lot 1 of 1 of lA of Wood Addi-
tion into the following lots:
Lot 2 of 1 of 1 of lA Wood
Addition
Lot 1 of 1 of 1 of 1 of lA Wood
Addition
Lot 2 of 1 of 1 of 1 of lA Wood
Addition
I request that this plan of divi-
sion be approved and that the
Mayor and City Clerk be author-
ized to endorse the approval of
the City.
I further request that the City
Clerk, City Treasurer and County
Auditor be authorized and notified
to apportion the assessments pres-
ently levied against Lot 1 of 1 of
lA of Wood Addition for the im-
provement of Glen Oak Street with
concrete curb and gutter and bitu-
minous concrete paving as follows:
Concrete curb and gutter AssmT.
Lot 2-1-1-1A Wood Addi-
tion ..................................$1,154.19
Lot 1-1-1-1-IA Wood Addi-
tion .................................... 196.70
Lot 2-1-1-1-SA Wood Addi-
tion .................................. 13.79
$1,364.68
Bituminous concrete paving
Lot 2-1-1-1A Wood Addi-
tion ..................................$1,584.10
Lot 1-1-1-1-1A Wood Addi-
tion .................................. 269.97
Lot 2-1-1-1-1A Wood Addi-
tion .................................... 18.93
$1,873.00
134 Special Session,
The above assessment propor
bons are according to the City En
'~. gineer's Office, Dubuque, Iowa
Respectfully submitted
~. MORRIS M. SLUM
Councilman Schaller moved than
the petition be referred to the City
Solicitor to have proper proceed
ings prepared. Seconded by Coun
Gilman Freund. Carried by the fol~
lowing vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,.
Schueller.
Nays-None.
Councilman Schueller moved
that a resolution be drawn up and
sent to the bereaved family of
Thos. J. Hill, in appreciation of his
long and faithful service to the
City. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Council recessed at 10:35 P.M.
-Reconvened at 10:50 P.M.
A two hour discussion followed
as to what procedure should be
considered as the result of the
Conflict of interest investigation.
The Council seemed to be in agree-
ment that the investigation reveal-
ed no criminal practices on the
part of the City Manager or any
other employees of the City. Mayor
Takos asked if you can condone
the City Manager also being a mem-
ber of the Schutz Development
Company. It was definitely reveal-
ed and agreed that City Manager
Schiltz has not violated any ]aw
by being a member of the land
development Company. Mayor Tak-
os, Councilmen Schaller and
Schreiber were of the opinion that
it was morally wrong for the Man-
ager to hold both jobs, one as
City Manager and the other as a
member of the Schiltz Development
Company. In the opinion of the
majority of the Council it seemed
to resolve itself as to being a ques-
tion of athits.
Councilman Freund read the
following statement and asked that
same be made a matter of record.
This council has, at a great
1'ength, heard the testimony of
many persons in an effort to deter-
mine whether or not there has
15, 1960
been a conflict of interest on the
part of the City Manager and other
city officials and employes.
Our conclusion must be based
solely on facts presented in the
Council Chamber, ,not on the
basis of hearsay, phone calls, let-
ters or telegrams received before,
during or after the investigation.
The proceedings were conducted
according to a set of rules with
which I did not agree at the time
of adoption, and with which I still
do not agree. What transpired has
tended to besmirch the reputations
of able public servants, has hamp-
ered the operations of our city
government, has impaired the posi-
tion of the community in the eyes
of outsiders, and has even reflected
on the members of this council.
It has been my contention from
the start that the affidavits which
Mayor Takos read at the December
7th meeting be the first order of
business. Had this been done, much
unnecessary time, effort and
money could have been saved. The
affidavits were duds. They fell
apart completely on examination
of the signers. While they were
voluntarily given, they were solic-
ited. The only reason given for
signing the affidavits was that Mr.
Takos had so requested. For what
reason the affiants apparently did
not know or care.
At the start of the investigation,
Mayor Takos pointed out that, in
addition to the affidavits, there
were three other reasons for the
hearing:
1. contradictory statements at the
December 7th council meeting
2. the City Manager's admilssion
that he was part of the Schiltz
Land Development Co.
3. the Ken Court problem
Much of the testimony heard on
these points was purely opinion
and based on nothing factual. The
following are the important facts
which were presented and substan-
tiated during the five day hearing;
1. City Manager Schiltz had cleared
with the City Solicitor before be-
coming part of the Schiltz Land
Development Co. (Val. I, p. 20
and verified Vol. II, p. 46)
d. Under Iowa law, conflict of in-
terest concerns "sale of mater-
ials, labor and supplies (Vol. II,
p. 48)
Special Session, 1
( 3. Under Dubuque ordinances, the
1 city and all subdividers are part-
ners in development (Vol. II, p.
46 and verified by William Reilly
Vol. IV, p. 40)
4. Mr. Holz was concerned only
with the escrow money (Vol. III,
p. 72 and verified by Mr. Nelson
Vol. II, p. 54-55 and Mr. Hauber
Vol. IV, p. 60)
5. Mr. Petsche had no complaint
(Vol. IV, p. 3)
0. Mr. Seeker's chief concern is
further negotiation to achieve
', abetter price for his land (Vol.
III, P. 17)
7. Mr. Reilly had no option on the
Mozena property until after the
November 24 meeting of the
Planning and Zoning Commis-
sion (Vol. IV, p. 28)
r S. Former Mayor Kintzinger testi-
fied there was "never any ques-
tion in my mind about" the City
Manager's integrity (Vol. V, p.
30)
10. Mr. Baker of the Clover Hills
~ development, largest in the city
at the present, testified to no
undue pressures, but rather a
leaning over backwards to help
(Vol. VIII, p. 24)
3 As the hearing progressed, and
particularly after examination of
the affiants, it seemed that access
to the Mozena property was the
point at issue, ...even though the
Council had agreed we were not
looking for a solution to the Ken
Court problem in the investigation.
This very fact could set a pre-
cedent for those not happy with a
decision of the Planning and Zon-
~ ing Commission to demand a sim-
ilar hearing.
There were some gripes during
~ the hearing which I would consider
legitimate. As a result, I feel it
imperative at this time to point
~ out that an additional few mo-
ments of explanation at the time of
disagreement or misunderstanding
would do much to keep harmony
between city employes and their
~ bosses, .the general public. A
' courteous treatment and full ex-
planation are musts.
This investigation, however, was
concerned with conflict of interest.
The ideal, of course, is for any
~~, public servant to have no other
interests. This is not always pos-
sible or even practical. A conflict
15, 1960 135
of interests could be alleged in my
vote for new downtown street
lights since I operate a retail busi-
ness. Aconflict might be alleged
in Mr. Takos' work for a certain
utility company since we regulate
their rates. Or a conflict might be
alleged if Mr. Schaller were to
move persons connected with a
new industry to Dubuque since he
might have had advance informa-
tion.
In fact, this issue could be
carried to the ridiculous, ... so far
that none of us would be free
of conflict because we are taxpay-
ers and we don't want taxes raised.
Further, we must recognize that
the growth of our city has been
brought about by the unselfish ser-
vice of interested and qualified
citizens on our board and commis-
sions. Standards could be so rigid
for this service that only those in
the poor house would be eligible.
We must also remember that
public officials have always been
and probably will be targets for un-
founded or deliberately distorted
charges. When charges cannot be
substantiated publicly, the officials
must be promptly cleared.
Mayor Takos stated early in the
first session of this investigation
"There is nothing that has specif-
ically been charged because there
is nothing that you can pertinently
put your finger to." (Vol. I, p. 16)
H that was true at the start, and
I agree it was, then the testimony
taken in this council chamber only
served to emphasize the Mayor's
statement.
Therefore, after due considera-
tion of all the facts in the light of
Iowa's conflict of interest statute,
it is my opinion that the allega-
tions against the City Manager
and other city officials and em-
ployees have not been substanti-
ated. There has been no proof of
any material conflict of interest.
However, I feel that the City
Manager and the City Solicitor
were remiss in not making full
public disclosure of their associa-
tions with the Schiltz Land Devel-
opment Company in 1957. This was
known prior to the investigation,
but not at the time of the forma-
tion of the company.
In view of what I have stated, it
is my hope that this council will
136 Special Session, February 15, 1960
proceed with utmost speed to clear
the air, to banish the clouds of
suspicion which hover over our
city, and join with all citizens to
bring back unity to the community.
References are to volumes and
pages of the official transcript.. .
GEORGE FREUND
It was decided to hold a special
meeting the next day in the hope
of disposing of the proceedings of
the conflict of interest, however no
decision was reached as to what
form the decision would take.
There being no further business
Councilman Freund moved that the
meeting adjourn. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
LEO F. FROMMELT,
City Clerk.
Adopted ...................:..............1960
Approved ................................1960
Councilmen 3 .....................................
Attest
City Clerk
Special Session, February 16, 1960 137
CITY COUNCIL
' °` (OFFICIAL)
Special Session, February 16, 1960
Council met at 4:15 P.M.
Present-Mayor Takos, Councilmen
Freund, S c h a 11 a r, Schreiber,
' Schueller. City Manager Schiltz.
Mayor Takos read the call and
stated that service thereof had
i - been duly made and that this
meeting is called for the purpose
1 to resolve a finding from the con-
' flict of interest investigation.
Mayor Takos requested an indi-
ct cation from the Council if they
would be ready to make a vote or
decision. Mayor Takos stated that
he called Attorney General Erbe
*
r on the conflict of interest question.
He was informed that evidently
there is no conflict of interest in a
` legal sense, but there could pos-
sibly be an ethical conflict. The
.
' Attorney General further inform-
ed Mayor Takos that if no decision
is reached the evidence could be
presented to the County Attorney.
@ Councilman Freund was of the
`-' opinion that the proceedings
d
; showed no conflict of interest and
that there was nothing of an illegal
nature. The question then was ask-
ed just "What is an ethical con-
~ flict?" Councilman Schueller mov-
+~
4 ed that the Council hold a five
~ minute recess. Seconded by Coun-
1 Gilman Freund. Vote was as fol-
. lows:
Yeas -Councilmen, Freund,
Schueller.
~ Nays-Mayor Takos, Councilmen
Schaller, Schreiber.
Motion failed to carry.
_ The suggestion was made to Mr.
L. J. Schiltz as to a compromise
to possibly avoid dismissal. Mr.
Schiltz stated that he does not
compromise and that he never has.
City Attorney Nelson stated in his
~ own defense that the could not see
how the interest of the City and a
subdivider could be adverse to
each other. To him the two inter-
.. ests were of a parallel nature. City
Manager Schiltz stated regardless
of what action was taken on him
he thought it unfair to consider
dismissal of Tom Nelson because
of the tremendous job done for the
- City by Mr. Nelson.
Mayor Takos presented the fol-
lowing resolution:
RESOLUTION NO. 42.60
Resolution on Report of Investi-
gation and Findings with reference
to Certain City officials.
Whereas, the City Council has
heretofore conducted an investiga-
tion as provided in Resolution No.
31-60, 1960, City of Dubuque; and
Whereas, the City Council has
determined that in fairness to all
parties a formal report of the
findings of the City Council shall
be made; and
Whereas, the City Council has
found that no evidence was intro-
duced to prove the use of improper
influence, criminal conflict of in-
terest, or any criminal acts on the
pazt of any city employee or ap-
pointee; and
Whereas, the City Council has
determined that there is an ethical
question to be considered in re-
viewing the acts of such city of-
ficials who receive the public trust
and confidence:
NOW, THEREFORE BE TT RE-
SOLVED BY THE CTTY COUNCIL
OF THE CITY OF DUBUQUE:
Section 7. That City Manager
Lavern Schiltz in acting as the
agent of, and partner in, the Schiltz
Development Company, has placed
himself in a position which sub-
jects him to conflicting duties and
that Mr. Schiltz made no disclos-
ure of these outside interests prior
to public inquiry and that the
Council finds that Mr. Schiltz is
disabled in the performance of his
official duties and hereby dis-
charges Mr. Lavern Schiltz from
his position as City Manager of the
City of Dubuque; Effect Feb. 22,
1960, plus accumulated leave.
Section 2. That Solicitor Thomas
H. Nelson in acting as attorney for
the Schiltz Development Company
has placed himself in a position
which subjects him to conflicting
duties and that he cooperated
with the City Manager in not dis-
closing outside interests and that
the City Council finds that Mr.
Nelson is disabled in the perfor-
mance of his official duties and
hereby discharges Mr. Thomas H.
Nelson from his position as City
Solicitor of the City of Dubuque;
Effect Feb. 22, 1960.
138 Special Session, February 16, 1960
Sxtion 3. That Mr. J. H. Schiltz
in his service as a member of the
Dubuque Planning and Zoning
Commission has taken no action
which is not consistent with, and
proper to, his offiical position and
that the City Council finds no ir-
regularities in Mr. J. H. Schiltz's
conduct as a member of such com-
mission.
As Amended-Feb. 16, 1960.
PETER J. TAKOS,
Mayor
LOUIS SCHALLER
JOHN P. SCHREIBER,
Councilmen.
Attest: LEO F. FROMMELT,
City Clerk.
Mayor Takos moved the adoption
of the resolution as amended. Sec-
onded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Schaller, Schreiber.
Nays -Councilmen Freund,
Schueller.
The chair recognized and read a
telegram sent by Mrs. Harriet But-
ler stating that Mr. Schiltz had not
shown favors to anyone and has
never heard that Mr. Laverne
Schiltz had done anything wrong.
Councilman Freund moved that
the rules be suspended to allow
anyone present address the Coun-
cil if they so desire. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Attorney Louis Fautsch address-
ed the Council by objecting to the
fact that the evidence was not
turned over to the County Attor-
ney. He further objected to the ab-
sence of the court reporters for
taking of testimony in the last
two sessions and also tape record-
ings. Mr. Laverne Schiltz, his
client, was deprived of his consti-
tutional rights, his right of cross
examination and his right to be
presumed innocent until proven
guilty beyond all reasonable doubt.
He further stated that his client
has not received a fair hearing un-
der the resolution. He stated that
the hearing would be appealed and
asked the Council to inform him of
any amendatory action or resolu-
tion.
There being no further business
Councilman Schaller moved to ad-
journ. Seconded by Mayor Takos.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 1 I e r, Schreiber,
Schueller.
Nays-None.
LEO F. FROMMELT,
City Clerk.
APProved ................................1960
Adopted ..................................1960
Couneilmen
Attest
City Clerk
f i
I
h
,
k•
i
Special Session, February 29, 1960 139
CITY COUNCIL
(OFFICIAL)
Special Session, February 19, 1960.
Council met at 7:30 P.M.
Present-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Mayor Takos read the call and
stated that service thereof had
been duly made and that this meet-
ing is called to consider the propo-
sition of Highway No. 20 improve- ~i
ment and discussing action for
securing a new City Manager and
City Solicitor.
Communication of Sheridan &
Sheridan attorneys, requesting on
behalf of the people of Center
Grove, to remove Center Grove
from the immediate annexation
program presently under study,
presented and read. Councilman
Schueller moved that the communi-
cation be referred to the meeting
scheduled for February 29th. Sec-
onded by Councilman Schaller. Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
The proposed plan of entry into
the City of Highway No. 20 from
the west as previously submitted
by the Highway Commission was
opened for discussion and hearing.
The plan has been waiting for the
joint approval of the Board of
Supervisors and the City Council.
Councilman Freund moved that the
rules be suspended in order to let
anyone present address the Council
if they so desire. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Mrs. M. L. Harwood of 390 N.
Grandview, Leonard Smith of Cen-
ter Grove and Wayne Ohmert of
2595 Dodge addressed the Council
by being in disagreement with the
plan as to limited access crossroad
from the City limits to the end of
the recently completed four lane
part of the highway.
Councilman Schaller moved ap-
proval of the plans as submitted
by the Highway Commission. Sec-
onded by Councilman Schreiber.
Carried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Councilman Freund moved that
the pedestrian overpass at Algona
Street be included in the Highway
letting. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Attorney E. Marshall Thomas
addressed the Council in behalf
of the Hillcrest Investment Inc.
relative to the sewer extension be-
yond the City Limits to a proposed
new subdivision to be called "Key
Knolls". The new area is presently
outside the City Limits.
Hillcrest Builders aze presently
considering making application to
annex the area. The first part of
Key Knolls would consist of 180
building lots. Mr. Thomas was of
the opinion that it would be a wise
move on the part of the City to
extend the sewer and have the area
annexed which would mean an in-
crease to tax askings. It also would
be the beginning of the extension
of the sewer, which must eventual-
ly come, to service a much further
area westward, which seems to be
the way the City is expanding at
the present time. The Council
granted tentative approval.
The Council recessed at 9:45 P.M.
-Reconvened at 10:30 P.M.
Councilman Freund moved that
Leo F. Frommelt be appointed act-
ing City Manager and that his
bond be set at $5,000 to be paid
for by the City. Seconded by Coun-
cilman Schaller. Carried by the
following vote:
Yeas-Mayor Takos, Councilmen
Freund, Scha 11 a r, Schreiber,
Schueller.
Nays-None.
Friday, February 26, 1960 was
the deadline set for receiving ap-
plications for a new City Solicitor.
There being no further business
Councilman Freund moved to ad-
journ. Seconded by Councilman
i Schaller. Carried by the follow-
ing vote:
140 Special Session, February 19, 1960
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber,
Schueller.
Nays-None.
LEO F. FROMMELT,
City Clerk.
Approved ................................1960
Adopted ..................................1980
Councilmen:
Attest ........__.. ..........._._...
City Clerk
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Session February 29, 1980 141
CITYI COUNCIL ~i
Special Session February 29,
1960.
Council met at 7:30 P.M.
Present-Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller. Acting City Manager
Frommelt.
Mayor Takos read the call and
stated that service thereof had
been duly made and that this
meeting is called for the purpose
of appointing a City Solicitor and
considering proposed annexation
and acting on any other business
that may properly come before a
regular meeting of the City Coun-
cil.
RESOLUTION NO. 43--60
A Resolution providim~ for the
appointment of a City Solicitor
providing his salary and fixing
The bond.
Be It Resolved by the City Coun-
cil of the City of Dubuque:
That R. N. Russo be appointed
City Solicitor of the City of Du-
buque, commencing March 1, 1960,
subject however, to the right of
the Council to declare such office
vacant or remove him therefrom
at the pleasure of the Council with
or without cause, and that he shall
furnish bond in the amount of
$1,000.00.
Be It Further Resolved that the
salary of the City Solicitor shall be
fixed on the basis of $8,540.00 per
annum, plus a clerical allowance
of $980.00 per annum.
Passed, adopted and approved
this 29th day of February, 1960.
PETER J. TAKOS
Mayor
GEORGE A. FREUND,
LEO N. SCIH1Fr.r.FR,
LOUIS SCHALLER,
JOHN P. SCHREIIfER,
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Schreiber. Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber, Schuel-
Fer.
Nays-None.
Communication of Board of Edu-
cation praying for a systematic
and orderly expansion of the city's
boundaries, presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber, Schuel-
ler.
Nays-None.
Communication submitting copy
of resolution adopted by the Cham-
ber of Commerce offering their
services and support to the Coun-
cil in whatever decision they make
regarding annexation, presented
and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber, Schuel-
ler.
Nays-None.
Communication submitting copy
of resolution adopted by the Re-
tail Merchants Bureau going on
record as favoring annexation for
the orderly development of the
City, presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber, Schuel-
ler.
Nays-None.
Communication of the Dubuque
Real Estate Board favoring annexa-
tion presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber, Schuel-
ler.
Nays-None.
Communication of Mrs. Irvin Nie-
haus ,as president of the Dubuque
P.T.A. Council favoring annexa-
tion, presented and read.
Councilman Freund moved that
the communication be received and
142 Special Session February 29, 1960
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber, Schuel-
ler.
Nays-None.
Communication of the Home
Builders Association of Dubuque
favoring the annexation program
of the City regarding immediate
adjacent lands, presented and
read. Councilman Freund moved
that the communication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Communication of Dubuquo Jun-
ior Chamber of Commerce endors-
ing annexation for the continued
orderly growth and development
of the City, presented and read.
Councilman Freund moved that
the communication be received
and filed. Seconded by Councll-
man Schueller. Carried by the fol-
lowing vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Communication of D u b u q u e
Chamber of Commerce, Manufac-
turers & Wholesalers Bureau, en-
dorsing annexation, presented and
read. Councilman Freund moved
that the communication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas -Mayor Takos, Council-
men Freund, Schaller, Schreiber,
Schueller.
Nays-None.
Communication of William G.
Trimpler and William J. Herrig of
Center Grove endorsing annexa-
tion, presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Communication of St. Philo-
mena's Church of Asbury request-
ing annexation to the City of their
new school property, presented and
read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Communications of Carl M. Bur-
kart of Center Grove, objecting to
the proposed annexation of Center
Grove, presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Councilman Schueller moved that
the rules be suspended to allow
anyone present to address the
Council if they so. desire. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Communication of Sheridan &
Sheridan, attorneys for certain in-
terests in the Center Grove area,
requesting the removal of Center
Grove from the immediate annexa-
tion program presently under stu-
dy, presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of Leo Frenex et al, ob-
jecting to the annexation of the
villages of Key West, Rockdale, and
the adjoining territory because of
the incapability of the City being
able to furnish substantial munici-
pal services and benefits, pre
sented and read.
Councilman Freund moved that
the petition be received and filed.
Communication of R. F. Sefzik,
the proposed annexation of the
Special Session February 29, 1960 143
requesting permission to speak on
Center Grove area, presented and
read.
, Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Attorney Charles Kintzinger ad-
dressed the Council as a represen-
tative of the Manternach interests,
owners of 40 acres of land off Peru
Road, stating that his clients are
in favor of annexation. He also
stated that an area one-quarter
mile west should also be included.
William Schmitt talking for St.
Philomena's School to be located in
Section 18 at Asbury stated that
the Parish is definitely far annexa-
tion.
b Dan Mihal asked about the avail-
ability of utilities to Section 18 if
same could be supplied in a matter
of two years. Asked for taxation on
a sliding scale basis.
Mr. Gene Wright, attorney, be-
ing amember of the Metropolitan
Expansion Committee of the Cham-
ber of Commerce, stated that an-
nexation has become an immediate
problem. The available building
sites are presently limited. Annexa-
tion should be on a broad plan to
take care of the needs during the
` next ten years.
Mr. R. F. Sefzik addressed the
i Council objecting to the proposed
annexation of the Center Grove
area for various reasons mentioned
several times before.
I Attorney Arthur Sheridan stated
that the people that are for the
annexation of the Center Grave ar-
~ ea represent only about one per-
cent of the land owners. The area
is not opposed to annexation but
they are opposed to the present
":
~ program being considered.
t-- Mr. Lloyd Hayes of Key West in
presenting a petition of objectors
from Key West and Rockdale
thought that the City would not be
able to furnish the necessary mu-
nicipal services.
,4, s. Mr. Ostert of 125 Nicollet Street
r ~.: was not for or against the pro-
_,,,, posed annexation but made inquiry
as to what disposition is being
made of draining the swamp north
of Dubuque that is presently under
consideration by the County.
Mr. Joe Eicher of 1403 Rhom-
berg voiced his opinion as being in
favor of annexation and stated that
we have the lowest tax rate in the
State. He mentioned Evansdale,
near Waterloo, as an example of
improper planning.
Mrs. Elnora Bateman of Sheri-
dan Road made inquiry as to the
proper provision of sewers.
Mr. Elmer Bradley stated that if
Center Grove is included Section
28 would also come in.
Communication of T. H. Nelson,
attorney, in behalf of his clients,
James Harrington and Buford J.
Kelly, requesting that the Council
defer any definite action with re-
gard to the extension of the Cat-
fish Creek Sanitary Sewer from its
present terminus at Falk Subdivis-
ion until plans have been prepared,
presented and read.
Attorney Nelson addressed the
Council by stating that the pur-
pose of the letter is to clarify the
record. The route of the sewer
must be definitely established and
that the Council not be committed
until they know where the sewer
is to go. Tentative lot lines laid
out on the plat were not done in
accordance with the wishes of the
owner. He requested that he be
given an opportunity to be heard
at the time the sewer is actually
decided upon.
Mayor Takos moved that the
communication of Mr. Nelson be
referred to the City Manager to
inform Mr. Hansel to furnish a
definite plan which will be in
agreement with property owners
affected. Secondedby Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Petition of Emerson Excavating
Company requesting permission to
excavate in the streets and alleys
of the City, presented and read.
Councilman Freund moved that
the petition be granted providing
proper policy is furnished. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
144 Special Session
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Communication of the Dubuque
Packing Company requesting that
some solution be found to elim-
inate storm water down 17th Street
prior to flooding their property
after a heavy rain, presented and
read.
Councilman Freund moved that
the Engineering Department be in-
structed to draw up prelimiary
plans. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
Lea F. Frommelt,
Acting City Manager.
February 29, 1980.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
bonds and desire to have your ap-
proval on same, subject to the ap-
proval of the City Solicitor:
PERSONAL
Leo F. Frommelt, Acting City
Manager; American Surety Co. of
N. Y.
HEATING
Ray H .Rafoth, d/b/a Ray Rafoth
Heating and Sheet etal; Wolverine
Insurance Co.
Respectfully submitted,
LEO F. FROMMELT,
Acting City Manager.
Councilman Freund moved that
the filing of the bond and policy
be approved subject to. the ap•
proval of the City Solicitor. Sec-
onded by Councilman Schueller.
Caried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
RESOLUTION N0. 44b0
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a per-
mit to se1Y cigarettes and cigarette
papers within said City.
Name Address
Harlan B. Grant, 400 Iowa Street.
29, 1960
Gerald P. O'Meara, 253 Main
Street.
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adapted and approved
this 29th day of February, 1960.
PETER J. TAKOS,
Mayor.
GEORGE A. FREUND,
LEO N. SCHUELLER,
LOUIS SCHALLER,
JOHN P. SCHREIItER,
Councilmen.
Attest: LEO F. FROMMELT,
City Clerk.
Councilman Schueller moved the
' adoption of the resolution. Second-
ed by Councilman Schreiber, Car-
ried by the following vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
RESOLUTION NO. 45.60
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 upon the
compliance with the terms of the
ordinances of this City:
CLASS "B" PERMIT
Name Address
Harlan B. Grant, 400 Iowa Street.
Gerald P. O'Meara, 253 Main
Street.
Alan R. Uppinghouse, 238-240
West 8th Street.
Kenneth J. Love, 37 Eighth
Avenue.
Mathias A. Schneller, 132 Eighth
Avenue.
Mrs. Lucille Hough, 553 Eighth
Avenue.
CLASS "C" PERMIT
Tenenbom's Super Market, Inc.,
200 So. Locust Street.
Passed, adopted and approved
this 29th day of February, 1960.
PETER J. TAKOS,
Mayor.
GEORGE A. FREUND,
LEO N. SCHUELLER,
LOULS SCHALLER,
JOHN P. SCHREIBER,
Councilmen.
Attest: LEO F. FROMMELT,
City Clerk.
i
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Ie
Special Session F
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Takos, Councilmen
- Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
RESOLUTION NO. 46-60
Whereas, heretofore applications
for Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
Whereas, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with
the ordinances of this City and
they have filed proper bonds: Now, '
Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
Manager be and he is directed to
issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PERMTT
Name Address
Harlan B. Grant, 400 Iowa Street.
Gerald P.. O'Meara, 253 Main
Street.
Alan R. Uppinghouse, 238-240
West 6th Street.
Kenneth J. Love, 37 Eighth
Avenue.
Mathias A. Schneller, 132 Eighth
Avenue.
Mrs. Lucille Hough, 553 'Eighth
Avenue.
CLASS "C" PERMIT
Tenenbom's Super Market, Inc.,
200 So. Locust Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 29th day of February, 1960.
PETER J. TAKOS,
Mayor.
GEORGE A. FREUND,
LEO N. SCHITF'i.r.F.R,
LOUIS SCHALLER,
JOHN P. SCHREIBER,
CouncBmen.
Attest: LEO F. FROMMELT,
City Clerk.
Councihnan Schueller moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Carried
by the following vote:
29, 1960 145
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
There being no further business,
Councilman Schueller moved to
adjourn. Seconded by Councilman
Schreiber. Carried by the follow-
ing vote:
Yeas-Mayor Takos, Councilmen
Freund, Schaller, Schreiber ,
Schueller.
Nays-None.
LEO F. FROMMELT,
City Clerk.
Approved ..............................1960.
Adopted ..................................1900.
Councilmen
Attest : ....................
City Clerk.