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1960 September Council Proceedings418 Special Session, August 15, 1980 Passed, adopted and approved this 15th day of August, 1960. PETER J. TAROS Mayor LEO N. SCIIUELR LOUIS SCHA7.r.FR JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 187.60 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 inspeMed and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Carl E. Meyer, 1828 Central Avenue. Miss Irma Wagner, 1598 Elm Street. Mrs. Ramona Fettgather, 1103 Iowa Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Moose Club No. 355, 65~/z West Fourth Street. CLASS "C" PERMIT Mrs. Leonara A. Davis, 2401 Windsor Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. PASSED, ADOPTED AND AP- PROVED this 15th day of August, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCIIAI.7-Fit JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schueller moved that Mrs. Kay Wright be appointed to the Recreation Commission to fill the unexpired term of Kay Neyens to 7-561. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Councilman Schaller moved that Irvin A. Oeth be appointed to the Dock Commission to fill the un- expired term of Frank Wagner to 11-2660. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. LEO F. FROMMELT City Clerk. Approved ..........._ .......................1961. Adopted ...................................1961. Councilmen { ............................... .... Attest City Clerk Regular Session, September 5, 1960 419 CITY COUNCIL. OFFICIAL REGULAR SESSION, SEPTEM- BER 5, 1960. NO MEMBERS OF THE CITY COUNCII. BEING PRESENT UP- ON ROLL CALL THE MEETING WAS POSTPONED SUBJECT TO CALL. LEO F. FROMMELT City Clerk. Approved ................................1961. Adopted ..................................1961. Councilmen Attest City Clerk 420 Adjourned Regular Session, September 6, 1960 CITY COUNCIL (OFFICIAL) Adjourned Regular Session, September 6, 1960. Council met at 7:30 P. M. Present-Mayor Takos, Council- man Schaller, Schreiber, Schueller. City Manager Gilbert D. Chaven- elle. Vacancy-One. Mayor Takos read the call and stated that service thereof had been duly made and that this meeting is called as an adjourned meeting of the regular meeting of September 5, 1960 for the purpose of acting upon such business as may properly come before a regu- lar meeting of the City Council. Proof of Publication, certified to by the Publisher, of Notice to Contractors of Receipt of Proposals for the construction of the Fengler Street Overpass and Approaches, presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. September 6, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. September 6, 1960, for the Fengler Street Viaduct and Ap- proaches. One bid was submitted by the A. O. Olson Construction of Waterloo, Iowa, who submitted a bid at 13.37% over the estimate for the viaduct and 36.54% over the estimate for the approaches. Item No. 17-324 Lin. Ft. of 24" R.C.C.P. was entered as a No Bid Item. This item would be nego- tiated with the contractor previous to the signing of the contract in the form of a change order. A tabu- lation of the bid submitted is attached. I recommend that the bid of the A. O. Olson Construction Company be accepted by the City of Dubuque with provision that the City Man- ager be authorized to execute a change order for the 24" R.C.C.P. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved to reject the City Manager's recom- mendation and reject each and all bids and re-advertise to get a com- plete bid say January or February of 1961 and return the certified checks to the A. Olson Construction Co. Seconded by Mayor Takos. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber. Nays-Councilman Schueller. Vacancy-One. Communication of American Surety Co. revoking power of at- torney in the amount of $50,000 and issuing in lieu thereof another power of attorney in the amount of $300,000 authorizing M. P. Hogan to issue bonds, presented and read. Councilman Schreiber moved that the communication be ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of Ted Whelan objecting to the use of salt on the streets during the winter months, presented and read. Councilman Schueller moved that the communi- cation be referred to the Manager and Street Commissioner to see what can be done regarding the salt problem next winter. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of Iowa State Department of Health submitting laboratory reports of mineral analy- ses of water samples collected from the City's water supply, presented and read. Councilman Schaller moved that the report be referred to the Water Department. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Adjourned Regular Session, September 6, 1960 421 Communication of Mildred Kalb urging utmost care in the selec- tion of a councilman to fill the unexpired term of Councilman Freund, presented and read. Coun- a°^'. Gilman Schreiber moved that the ,;,:, communication be referred to the Council for consideration at the ` time an appointment is considered. Seconded by Councilman Schaller. ~ Carried by the following vote: r== Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. 489 South Grandview Ave., Dubuque, Iowa August 16, 1960 Mr. Leo Frommelt, City Clerk City Hall, Dubuque, Iowa Dear Mr. Frommelt: - Effectively immediately, I res- pectfully request to be allowed to resign from the Planning and Zon- ing Commission and the Board of Adjustment. The cooperation received from the City officials and members of the Commission will always be - appreciated. Sincerely, Irvin A. Oeth Mayor Takos moved the resigna- ~ tion be received and made a matter ~ of record. Seconded by Council- man Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen ' - Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. u'. Statement of tax free lands and ~ claim of School Corporation for ~ ~' reimbursement in the amount of $983.00 for the Airport Commis- sion, presented and read. Mayor Takos moved that the statement be referred to the Airport Commis- sion. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Assignment of Schueller Black- . top Co. to the First National Bank of Dubuque, Iowa all monies due from the City of Dubuque in pay- K ;, ment of the City of Dubuque 1960 Bituminous Concrete Paving Pro- ject No. 1, presented and read. ,~.. Councilman Schaller moved that the assignment be approved. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn during the month of July 1960, pre- sented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of D u b u q u e Packing Company stating their position regarding the flooding problem at and near their plant suggesting the removal of the 11th Street sewer and the installation of a second pump, presented and read. Councilman Schaller moved that the communication be referred to the Manager and Engineering De- partment. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of Walter E. Get- sla of Clazendon Hills, IIl, com- mending Mr. Kramer, superinten- dent of parks, for his honesty and integrity in returning Mr. Getsla's billfold and valuable papers which were lost while visiting Eagle Point Park, presented and read. Councilman Schueller moved that the communication be received and filed and that a copy of the com- munication be sent to Mr. Kramer. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 30, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I recommend that Schedule II or Ordinance 33-49 be modified so .-- i 422 Adjourned Regulaz Session, September 6, 1960 as to include the following streets as boulevards: A. Devon Drive from Dodge to the northerly property line of Min- eral Street. B. Mineral Street from the easterly property line of Devon Drive to the easterly line of O'Hagen Street. C. O'Hagen Street from the north- erly line of Mineral Street to the southerly line of University Avenue. It is further recommended that Schedule III of Ordinance 33 19 be modified so as to include the fol- lowing as stop street intersections: A. Pearl and Gilliam Streets. B. Peazl and Finley Streets. Finally, it is recommended that Schedule VI of Ordinance 3349 be so amended as to remove parking from the easterly side of OTlagen Street from Mineral Street to Uni- versity Avenue. It is the intent of the above recommendations to provide a cer- tain freedom of movement and safety for traffic between Univer- sity Avenue and Highway No. 20 along the above mentioned streets. In order to accomplish this, it is necessary to protect the intersec- tions of Mineral, Devon and O'Hag- en Street from cross street traffic, and also protect Gilliam and Fin- ley Streets at their intersection with Pearl Street; also, in order to create a condition of smooth traffic flow, it is necessary that parking be removed from one side of O'Hagen from Mineral to Univer- sity. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schaller moved that the recommendations be approved and referred to the City Solicitor to have proper proceedings pre- pazed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 30, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: It is recommended that Schedule II of Ordinance 33-49 be amended so as to include Kaufman Avenue as a boulevard street from the West Property Line of Central Aw enue westerly to the West Property Line of Kane Street. Also, it is recommended that Schedule VI of Ordinance 33-49 be amended so as to provide a "no parking" restriction on the south side of Kaufmann Avenue from Central Avenue to Francis Street and on the north side of Kaufmann Avenue from Francis Street to Valeria Street. The above recommendations are based on the fact that since the opening of the Wahlert High School, traffic volumes on Kauf- mann Avenue have increased tre- mendously. It is expected that further large increases will develop particularly in view of the planned completion of Grandview Avenue extension. In order to alleviate some of the dangers now existing in the area, it is believed that Kaufmann Avenue should be made a boule- vard from Central Avenue to the West Property Line of Kane Street. In addition, that portion of Kaufmann Avenue between Central and Valeria Street is congested and hazardous to moving vehicles when parked vehicles occupy the curb space on both sides of the Street. In order to alleviate this situation, it is requested that all pazking should be restricted on the south side of Kaufmann from Francis to Central and on the north side of Kaufmann from Francis to Valeria Street. The reason for the change of sides in the "no parking" regula- tion is to preserve the parking area along side Hartig Drug Store at 22nd and Central and at the same time, in the section west of Francis Street, to preserve the parking on that section of the street fronted by most of the residences. In creat- ing a "no parking" zone on the south side between Francis and Central Avenue, there are actually only three or four spaces being affected because of the existence of bus stops, street intersections and several driveways along this distance. Respectfully submitted, Gilbert D. Chavenelle, City Manager Adjourned Regular Session, September 6, 1960 423 Councilman Schreiber moved that the recommendations of the City Manager be approved and re- ferred to the City Solicitor to have proper proceedings prepazed. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 3Q, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Richard Riessel- man and others requesting the installation of street lights at the intersections of Sabula and Daven- port and Primrose and Davenport Streets was referred to the City Manager and Electrical Inspector for investigation and report. Upon investigation and report by the Electrical Inspector, it is recommended that street lights be installed at the following locations: 1. Intersection of Sabula and Davenport Street. 2. Intersection of Primrose and Davenport Street. Respectfully submitted, Gilbert D. Chavenelle, 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, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 26, 1900 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On June 6th, you referred to the Manager and the Street Com- missioner, the petition of John John F. Roshon, 1398 Pine Street, requesting that the city lot at 14th and Maple Streets be fenced in order to preclude children play- ing on the lot. It is both the recommendation of the Street Commissioner and myself that the fence should not be constructed at this time for the following reasons: 1. It is estimated that the re- quired fence would cost in the neighborhood of about $400 to $450., and that the necessary large gate and its mounting would cost approximately an- other $100. It is recommended that the City not make this expenditure at this time. 2. The city equipment has not suffered any damage as a re- sult of children playing on the lot. 3. The location, although used for the purpose during the past months, is not considered a permanent arrangement for the storage of city equipment. Another site is being consid- ered. 4. The expenditure, if made, would benefit only a single abutter without the city opera- tion being improved to any great extent. I have written Mr. John Roshon a letter stating that my recom- mendation to the City Council was that the fence should not be con- Stl'UCted. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None, Vacancy-One. September 2, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At your last meeting you refer- red to your staff for investigation, a petition of the Dubuque Bank and Trust Company for permission to relocate a bus stop at the corner of 14th and Central to a position immediately south of the bank's parking lot entrance, and to widen the parking lot driveway ten to twelve feet. I am returning the petition with the following recom- mendations: The Traffic Department and the officials of the Interstate Power Company have looked into the re- quest for relocating the bus stop. No difficulty is anticipated as a result of this move, however, it wiU be necessary to eliminate one `~ Adjourned ReQUlar Session, September 6, 1960 on-street parking space in order to provide sufficient roo f ~ Burkazt Fuel Company, American m or the bus stop. I recommend that the Surety Company bus stop be relocated adjacent to SIDEWALK the southerly edge of the parkin g Richard Magnall, Fireman's Fund lot driveway. ....Ins. Company The Engineering staff has in- Arthur A. Hartmann, d/b/a Hart- vestigated the possibility of widen- mann Construction Company, ing the parking lot driveway ten Columbia Casualty Company to twelve feet. The present drive EXCAVATION is approximately twenty feet and Hawazd Allen, Policy No L p our ordinance regulation for com- mercial driveway entrance ro- . . . 172393, Commercial Insurance p vides for a maximum of thirty-five f t Th f Company Harold Howard and Ed Schmitz ee . ere ore, I recommend that th , d/b/a Schmitz and Howard C e bank be granted permission to widen the driveway providing the on- tracting Co., Policy No. CL 2 driveway does not exceed the thin- 687941 Continental Casualty Company ty-five foot maximum, and provid- in th t Respectfully submitted g a such widening will be constructed on the northerly side , Gilbert D. Chavenelle, of the driveway. This latter pro- City Manager Mayor Tako insure sufficientsspace for the bvs s moved that the bonds and policies be filed subject stop at the new location to the approval of the City Solic- . Respectfully submitted, il S hallere Carried by theofollowmng G bert D. Chavenelle, vote: City Manager Yeas-Mayor Takos, Councilmen Mayor Takos moved that the Schaller, Schreiber, Schueller recommendation of the City Man- . Nays-None, alter be approved and referred to Vacancy-One the City Solicitor to have proper . proceedings prepared. Seconded by Councilman Schueller Carried September 0, 1960 To Hie Honorable Mayor . by the following vote: and City Council Yeas-Mayor Takos, Councilmen Dubuque, Iowa Gentlemen: Schaller, Schreiber, Schueller. Nays-None Attached is a contract between . Vacancy-One the City of Dubuque and the Mul- . grew Oil Company for the installa- September 6, 1980 Hon of a sanitary sewer and water To the Honorable Mayor main to serve Lot No. 1 of Henry and City Council Ziegler Subdivision in Dubuque , Dubuque, Iowa Township outside of the City Lim- Gentlemen: its. I recommend that the Council This is to advise that I have ap- approve this Contract. proved the following bonds and Very truly yours policies and desire to have your , Gilbert D. Chavenelle approval on same for filing, subject , City Manager to the approval of the City Solic- Mayor Takos moved that the o itor: c n- tract be approved subject to the ap- HEATING proval of the City Solicitor. Sec- Montgomery Ward & Co. Incor onded by Councilman Schaller. , porated, Indemnity Ins. Co of Carried by the following vote: . North America Yeas-Mayor Takos, Councilmen Home Heating Company, Western Schaller, Schreiber, Schueller. Surety Company Nays-None. Sydney Datisman, Western Surety Vacancy-One. Company CONTRACT Joseph M. Powers, American Sure- This AGREEMENT ENTERED ty Company O'Neill Fuel & Heating Company into between the CITY OF DU- BUQUE IOWA , Western Surety Company , , as the first party, and the MULGREW OII, Adjourned Regular Session, September 6, 1960 425 COMPANY of Dubuque, Iowa, as the second party. wiusr,SSETH: WHEREAS, the first party oper- ates amunicipal sewer and water system; and whereas, the second party is the owner of Lot No. 1 of Henry Ziegler Sub- division in Dubuque Township, Dubuque County, Iowa, which is located outside of the corporate limits of the City of ', Dubuque and which shall hereafter '~ be referred to as the "premises served;' and WHEREAS, second party desires to have an eight inch (8") sanitary sewer and twelve inch (12") water main extended from the present ~ terminus of the municipal sewer and water systems in the area to the premises served and to pay a sewer service and water charge to the City; and WHEREAS, first party is agree- able to provide said services under the following terms and conditions: NOW, THEREFORE, it is agreed between the parties hereto as fol- lows: 1. Second party agrees to obtain the - necessary consents of all govern- mental bodies and all necessary easements for the laying of said sewer and water mains. 2. Upon such consents and ease- l „~ ments have been obtained, sec- ond party agrees to construct said eight inch (8") sanitary sew- '- er and twelve inch (12") water main along the line shown on the ~ plats submitted with second party's application to the City of Dubuque for such services and in accordance with plans approv- I ed by the City Manager avd un- der the supervision of the City Manager; second party agrees to pay the entire cost of such con- struction, including all necessary engineering and i n s p e c t i o n chazges, permit fees, street exca- -}.,. vations and restoration chazges ! and all other expenses necessary -~' or incidental to such construc- =~ tion. 3. Upon the completion of such con- struction, said eight inch (8") sanitary sewer and twelve inch (12") water main shall become the property of first party. 4. Upon the completion of such con- . struction, first party agrees to provide sanitary sewer service to the premises served through said eight inch (8") sanitary sewer under the regulations established by Ordinances No. 35-57 and No. 39-57, or any subsequent amend- ments thereto and at the price of 150% of the charge set in Ordinance 35-57 or any amend- ments thereto for persons, firms or corporations outside the City of Dubuque; also, the first party agrees to provide water service to the premises served through said twelve inch (12") water main at the price of 125% of the pre- vailing water rates charged to water users within the city lim- its. 5. Second party covenants and agrees to use his best efforts to have the premises served by said sewer and water main annexed to the City of Dubuque and in the event second party shall di- rectly or indirectly resist such annexation, first party may, at its option, terminate this agree- ment. In the event termination is effected by first party under the rights established in this paragraph, first party shall have the further rights, at its option to take up and remove the said eight inch (8") sanitary sewer and twelve inch (12") water main and then retain the same as its own property. Any waiver by first party for any breach of this paragraph shall not constitute a waiver of any subsequent breach hereof. 6. In the event the premises served are annexed to the City of Du- buque this Agreement shall be terminated and second party shall thereafter be served under the same conditions and at the same rates and charges as other users located within the City of Dubuque, but the said eight inch (8") sanitary sewer and twelve inch (12") water main shall re- main the property of the first party. 7. In the event property abutting said eight inch (8") sanitary sewer and twelve inch (12") water main is granted permission by first party to connect thereto, first party agrees to exact and collect a connection charge for the benefit of second party. Said coanection charge shall be deter- a~ i i~~'~,. ~ udi~N f,i91 ri. . „~ ",q !''I 426 Adjourned Regular Session, September 6, 1960 mined by Resolution of the Cit; Council of the City of Dubuque upon certification by second par ty to that Body of the total cos of construction of said eight inc] (8") sanitary sewer and twelve inch (12") water main. The righ to said connection charge shal inure to second party, his heir: and assigns, personally, and shaI. not run with the land and shah. continue even in the event the first above described real estate is annexed to the City of Du~ buque. 8. This Agreement shall be bindinf upon the parties hereto, them heirs, successors and assigns. Signed this 0th day of Septem~ ber, 1960. CPfY OF DUBUQUE, IOWA (First Party) by PETER J. TAKOS, MAYOR of City of Dubuque, Iowa Attest: LEO F. FROMMELT, City Clerk CITY SEAL: Signed this 20th day of Septem- ber, 1800. MULGREW OII.COMPANY by James P. Mulgrew August 30, 1900 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On April 14, 1960 the claim of Mr. and Mrs. Charles Spielman, Jr. of 1895 W. 3rd St., Dubuque, Iowa, in the amount of $1381.41 for dam- ages allegedly suffered from a clogged sewer, was filed against the City. I have made an investigation of this matter together with the Street Commissioner, Mr. Cletus Allen, and find that there is no actionable negligence imposing lia- bility on the City and therefore recommend the denial of said claim. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 30, 1980 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On July 26, 1960, Mr. A. M. Meyers, filed his claim against the City for damages in the amount of $75.00 by reason of the sanitary sewer in the vicinity of claimaat's home backing into the floor drain of his basement. I have investigated this matter together with Mr. Cletus Allen, Street Commissioner, and find that at the time alleged the sewer crew was flushing out this line and that claimant's lateral has a very little fall to the sewer, and that Mr. Meyer has been notified on several occasions to place a backwater valve in his sewer line. It is the opinion of the City Attorney that there is no negli- gence on the part of the City im- posing liability therefor, and there- fore recommend denial of Mr. Meyer's claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 30, 1980 Honorable Mayor & City Council City of Dubuque Dubuque, Iowa Gentlemen: On July 7, 1980, Mrs. Ed. Bal- bach of 2988 White St., Dubuque, Iowa, filed a claim claiming dam- zges in the amount of $160.02 for iamages suffered as a result of a woken sewer at 2986 White St. I have made an investigation of :his matter together with Mr. ;letus Allen, Street Commissioner, and find that her claim is based m a broken lateral, sad find no iegligence on the part of the City mposing liability therefor, and herefore recommend denial of aid claim. Adjourned Regular Session, September 6, 1960 427 Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 30, 1960 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On April 7, 1960, R. J. Voigt, 725 Laurel, Dubuque, Iowa, filed his claim against the City in the amount of $25.00, for damage to his lawn by City snow plow. (Orig- inal claim attached). I have made an investigation of this matter and find that the al- leged damage has been repaired by the Park Board and therefore recommend denial of the said claim. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 30, 1960 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On May 11, 1960, Leander P. Herrig of 1940 Catherine St., Du- buque, Iowa, filed a claim against the City on behalf of his minor daughter, Phyllis Herrig, age 6, by reason of injuries suffered by said minor child from a fall on the sidewalk on Catherine St., 77 feet north of W. 17th St., due to an ac- cumulation of snow and ice. I have conferred with Mr. Her- rig, father of said minor child and be is willing to accept the sum of $45.00 in full settlement of said claim and it is the recommendation of the City Attorney that said offer of settlement be accepted by the City. It is the recommendation of the City Attorney that the City Auditor be instructed to draw a warrant payable to Leander P. Herrig and Mary L. Herrig, parents and natural guardians of Phyllis Her- rig, aminor child, and to deliver the same upon receipt of a duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. AUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a waz- rant payable to Leander P. & Mary L. Herrig in the amount of $45 and deliver the same upon receipt of a properly executed release. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. August 31, 1960 Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: On May 28, 1900, Clazence J. Duehr, 122 State St, Dubuque, Iowa, filed a claim on behalf of his minor daughter, Mary Jane Duehr, for injuries suffered by said minor child by reason of a fall on a defective sidewalk at Rush Street near Bryant School on May 4, 1960. I have made an investigation of this matter and have conferred with Mr. Clarence J. Duehr, parent of said minor child, who has agreed to accept the sum of $20.00 in full settlement of said claim on behalf of his minor daughter. It is the recommendation of the City Attorney that said offer be accepted and that the City Auditor be instructed to draw a warrant in the amount of $20.00 made pay- able to Clarence J. Duehr and Joan Ella Duehr, parents and natural guardians of May Jane Duehr, a minor child, and to deliver the ``~ Adjourned Regulaz Session, September 6, 1960 same to the said claimant upot execution and delivery of release to said auditor. Original claim attached hereto Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a war rant payable to Clarence J. & Joan Ella Duehr in the amount of $20. aad deliver the same upon receipt of a properly executed release. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. September 6, 1960 Honorable Mayor and City Council City of Dubuque Dabuque, Iowa Re: Florence Stocum v. City of Dubuque, Iowa Dubuque County District Court Law No. 35999 Gentlemen: On or about March 30, 1959, Florence Stocum commenced an action against the City of Dubuque, Iowa, claiming damages in the amount of $14,500.00, suffered by reason of a fall on the 6th day of February, 1959, while crossing the north cross walk of the intersec- tion of 12th and Locust Streets, and claiming that her fall was due to longstanding accumulations of rough, rounded accumulation of snow and ice and sustaining a fracture of her left leg. I have made an investigation of this matter and find that Flor- ence Stocum has incurred doctor and hospital bills and bills for nursing care and loss of wages in the total amount of $1445.20. That the said Florence Stocum through her attorneys has made an offer of settlement of $2500.00 in full settlement of her claim. It is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be directed to draw a warrant payable to Florence Stocum and her attorneys in the sum of $2500.00 and to deliver the same upon receipt of a duly exe~ toted release together with certi~ fied copy of dismissal of said ac~ tion with prejudice. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Takos moved that the recommendation of the City Solic- itor be approved and the Auditor instructed to issue a warrant to Florence Stocum aad her attorneys in the amount of $2500, and deliver the same upon receipt of a duly executed release. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Paul Shuhert, in the amount of $20., for property damage as the result of the Water Department flushing a hydrant at 1880 Audubon Street on August 17, 1960, presented and read. Council- man Schueller moved that the claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Mrs. Margazet Jamison in an un-named amount for personal injuries received in a fall on a defective sidewalk at 13th & Jackson on July 22, 1960, pre- sented and read. Councilman Schueller 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, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of Suit of Charles F. & Mary M. Spielman in the amount of $1,182.10, for water damage to their home as the result of a clog- ged storm sewer at 1895 W. Third street on March 29, 1980, pre- >ented and read. Councilman ichueller moved that the claim be referred to the City Solicitor for investigation and report. Seconded ~y Councilman Schreiber. Carried ~y the following vote: Adjourned Regulaz Session, September 6, 1960 429 Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Notice of claim of Morris Farber, in the amount of $52.50, for dam- age to his car as the result of strik- ing aloose manhole cover at 775 Hill Street on September 3, 1960, presented and read. Councilman Schueller 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 Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Proof of Publication, certified to by the Publisher, of Official notice of public hearing on Ordinance No. 58-60 and Ordinance amending the Zoning Ordinance of the City of Dubuque to establish side yard re- quirements in the Single Family Residence District, presented and read. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. No written objections were filed and no oral objectors were present in the Councl Chamber at the time set for the public hearing. ORDINANCE NO. 58-60 An Ordinance Amending the Zoning Ordinance of the City of Dubuque by Repealing Section 3 of Article 2 of the Zoning Ordin- ance of the City of Dubuque and enacting Substitutes therefore to establish side yard requirements in the Single Family Residence District, said Ordinance having been previously presented and read at the Council meeting of August 1, 1960, presented for Final Adoption. Ordinance No. 58.60 An Ordinance Amending the Zon- ing Ordinance of the City of Du- buque by repealing Section 3 of Article 2 of Che Zoning Ordinance of the City of Dubuque and en- acting aubatitutea therefore to es- tablish side yard requirements in the Single Family Residence Dis- trict. Be It Ordained by the City Council of the City of Dubuque: Section 1. That section 3 of Article 2 of Ordinance No. a-94, designated "Zoning Ordinance of the City oP Dubuque" be and the same is hereby repealed. Section 2. That Article 2, of Or- dinance No. 3-34 Is hereby Amend- ed by adding a new section 3 thereto as follows: Section 3. Area Regulations. No building shall be erected or altered except in conformance with the following provisions: (a) Front Yards. A front yard having a mean depth of not less than twenty-five (25) feet is re- quired on every lot, excepting the[ in blocks where there are existing buildings at the time of the pass- age of this ordinance, then a front yard for any new, altered, or re constructed bonding, may be car- ieH by the Board of Adjustment upon petition or appeal, as here- inafter provided, in accordance with existing front yards, but in no case shall a front yard be re- quired to exceed fifty (60) feet in depth. Nothivg in th[e section shall justify the violation of any existing deed, or contract prescribing a building line although such would create a front yard or equivalent open space of a greater mean depth than specified in this sec- tion. (h) Side Yards. On every lot, side yards are required, each with a minimum width of not less than six (6) feet and aggregating a total of not less than twenty-five (2fi) per cent of the width o7 lha lot. In case of attached garage or carport the minimum width of each aide yard shall be vot less than s?x feet and aggregating a total of not less than twenty (20 per cent of the width of the lot. (Both aub- Iect to Article 0 (i)J On a corner loq the house side yard adjacent to a side street shall have a mini- mum width of not less thaw [«n (l0) feet. (Subject to Article 9 (i). ) (c) Rear Yards. A rear yard hav- ing a mean depth of not less than twenty-five (25) per sent o~ the total depth of the lot is required. (d) Courts. All courts shall cov- form to the requirements of the Housing I.aw, State of town. (e) Lot Area Per Family. No dwelling shall be erected er placed on a lot containing less than six thousand (6,000) square feet or a width less than fifty (50) feet. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to prohibit the erection of a one family dwelling upon a IoQ •he area of which is leas than tha! prescribed as the minimum lot area Per family, provided such .ut was held under separate nwnor- ship from the adjacent lots, and a rocorded plat of lots or aubdi- vismn of property shown such lot to be separate and dietinet at the time oP the passage of this ordin- ance. Vacant adjacent Iota held by the same owner at time oY the passage of this ordinance shall be replatted to provide the required lot area per family before any building fa erected or placed there- on. (f) See Article IX (h). win tow Area Requirements. Section 3. This Ordinance shall be in full force and effect from and aYter tts final passage, adopt- 430 Adjourned Regular Session, September 8, 1960 lon and pub](cation as by law pro- v;aea. Introduced the 1st day of August isso. Rule requiring reading on three separate days auspendea by un- animous vote the lot day of August isso. Passed by recorded roll call vote, adopted and approved this Gth day of 6eptember 1969. PETER J. TAKOS Mayor LEO N. SCHUELLDR LOUIS SCHALLER JOH3 P. SCHREIBER Councilmen Attest: Leo F. Frommelt City Clerk Published officially m the Tele- graph Herald newspaper this 12th day of September 1960. LEO F. FROMMELT City Clerk u. s-Sz Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Communication of E. Marshall Thomas, attorney, submitting an Ordinance Granting Hillcrest Inc. the right to construct concrete pavement and curb and gutter in Key Knolls Subdivision, presented and read. Mayor Takos moved that the communication and Ordinance be referred to the City Solicitor. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Dubuque Packing Co. requesting that East 18th Street between Sycamore and Lynn Streets be paved, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Engineering Department for plat and schedule.' Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Roger P. Dolan re- questing consent to vacation of Lots 1 to 18 in Julien Addition; part of Wattles street; Quincy street and Harriet Avenue, pre- sented and read. Mayor Takos moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schailer, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Navy Mothers re• questing permission to sell tags on October 22, 1960, presented and read. Councilman Schreiber moved that the petition be granted pro- viding there are no conflicting dates. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Alma M. Maeder re- questing adeed to the cityowned property lying west and southwest between her property and South Hill Street presented and read. Councilman Schueller moved that the Council view the grounds. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Ben P. Takes et al requesting that the Health Depart- ment help eliminate an unsanitary condition that exists in the un- developed area of the City Island between 16th street and 1100 block north near the packing company, presented and read. Councilman Schaller moved that the petition be referred to the City Manager and Health Department for investi- gation and report. Seconded _ by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Clifton T. Huntoon et al requesting the erection of street lights on Collins street, presented and read. Mayor Takos moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Adjourned Regulaz Session, September 6, 1960 431 Petition of E. A. Schmidt and H. R. Howard requesting permis- sion to excavate in the streets and alleys of the City presented and read. Councilman Schreiber moved that the petition be granted. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One.. Petition of Rev. P. E. Holzham- mer et al requesting the installa- tion of a street light at the corner of 225 York street, presented and read. Councilman Schaller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: { Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. i Vacancy-One. Petition of Mrs. Anna Foulks ob- jecting to the proposed yellow curb markings to be placed at 486 W. Fourth Street in front of her prop- ' ; ; erty, presented and read. Council- . . man Schueller moved that peti- tion be referred to the City Man- ager and Traffic Department for - . investigation and report. Seconded . ~ -; ; by Councilman Schreiber. Carried ; by the following vote: ~~ Yeas-Mayor Takos, Councilmen . Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Harry F. Radloff et al - requesting the extension of one side pazking on the north side of Bennett Street from Algona to McCormick Street, presented and read. Mr. Harry F. Radloff of 2225 Bennett Street spoke to the Council in behalf of the petition. Council- man Schueller moved that the ~ petition be referred to the City Manager and Traffic Department Ir'? for investigation and report. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Peoples Natural Gas Co. requesting permission to exca- vote in Prescott Street at Hamilton, presented and read. Councilman Schreiber moved that the request be granted. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Ralston Purina Co. submitting track agreements with the Chicago Great Western Rail- way Co. and requesting execution of same on behalf of the City, pre- sented and read. Councilman Schreiber moved that the Mayor and the City Clerk be authorized to sign the. agreement subject to the approval of the City Solicitor. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. COIINCII, RECESSED AT 10:15 P.M.-RECONVENED AT 10:25 P.M. Petition of Melvin J. Linden re- questing a $75. refund on the unex- pired portion of cigarette license No. 248, as be has discontinued business on August 20, 1960, pre- sented and read. Councilman Schueller moved that the refund be granted and the Auditor in- structed to issue a warrant payable to Melvin J. Linden in the amount of $75. to cover the amount due on the unexpired portion of cigar- ette license No. 248. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Melvin J. Linden re- questing a $100. refund on the un- expired portion of Class B beer license No. 47, as he has discontin- ued business on August 20, 1960, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Melvin J. Linden in the amount of $100. to cover the amount due on the unexpired portion of beer license No. 47. Sec- onded by Councilman Schreiber, Carried by the following vote: h ~~ -a i ~, i it i i a __..,, ' ~ i"~ a i 432 Adjourned Regular Session, September 6, 1960 Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Clifford Steffen re- questing a $75. refund on the un- expired portion of cigarette Rcense No. 224, as he has discontinued business on August 15, 1960, pre- sented and read. Councilman Schueller moved that the refund be granted and the Auditor ln- structed to issue a warrant payable to Clifford Steffen in the amount of $75. to cover the amount due on the unexpired portion of cigar- ette license No. 224. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Clifford Steffen re- questing a $100. refund on the un- expired portion of beer license No. 37, as he has discontinued busi- ness on August 15, 1960, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a warrant payable to Clifford Stef- fen in the amount of $100. to cover the amount due on the unexpired portion of beer license No. 37. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-Otte. Petition of Louis A. Freisinger requesting a $100. refund on the unexpired portion of beer license No. 45, as he has discontinued business on August 15, 1960, pre- sented and read. Councilman Schueller moved that the. refund be granted and the Auditor in- structed to issue a warrant payable to Louis A. Freisinger in the. amount of $100. to cover the amount due on the unexpired por- tion of beer license No. 45. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Louis A. Freisinger requesting a $75. refund on the unexpired portion of cigarette license No. 223, as he has discon- tinued business on August 15, 1960, presented and read. Councilman Schueller moved that the refund be granted and the Auditor in- structed to issue a warrant payable to Louis A. Freisinger in the amount of $75. to cover the amount due on the unexpired portion of cigarette license No. 223. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Carl P. Schumacher requesting a $50. refund on the un- expired portion of beer license No. 2, as he has discontinued business on August 20, 1960, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Carl P. Schu- macher in the amount of $50. to cover the amount due on the unex- pired portion of beer license No. 2. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Petition of Carl P. Schumacher requesting a $75. refund on the un- expired portion of cigarette license No. 244, as he has discontinued business on August 20, 1960, pre- sented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a warrant payable to Carl P. Schumacher in the amount of $75. to cover the amount due on the unexpired portion of cigarette license No. 244. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mayor Takos moved that the rules be suspended in order to let anyone present address the council if they so desire. Seconded by Councilman Schaller. Carried fallowing vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. t I ,' .' ~' I '" Adjourned Regular Session, September 6, 1960 433 Mr. Stephenson of the Olson Con- ', struction Co. of Waterloo was in at- ' tendance. His firm submitted the one and only bid on the Fengler Street overpass and approaches. The item of jacking the pipe in place under the tracks as called for in the bid was listed as no bid. Mr. Stephenson was unable to give an estimate on cost of jacking pipe in place. RESOLUTION N0. 188.60 Preliminary approval of plans, specifications, form of contract, plat and all other documents for the construction of an extension of Catfish Creek Sanitazy Sewer from the existing manhole in Lot 23 of Folks Addition to a point 500 feet westerly on Pennsylvania Avenue from the City Limits, at an esti- mated cost of $16,485.00, presented and read. Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. FIXING DATE OF HEARING RESOLUTION NO. 189x11 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract, and placed same on file in the office of the City Clerk for public inspection for the extension of the Catfish Creek Sanitary Sewer from the existing manhole in Lot 23 of Folks Addi- tion, to a point 500 feet westerly on Pennsylvania Avenue From the City Limits. BE IT THEREFORE RESOLVED that on the 19th day of September, 1960, a public hearing will be held at 7:30 P.M., in the Council Cham- ber of the City of Dubuque, Iowa at which time the objectors for the proposed Catfish Creek Sanit- ary Sewer Extension may appear and make objection to the proposed plans, specifications and form of contract, to the cost of the im- provement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its considera- tion. Passed, adapted, and approved this 6th day of September, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. September 6, 1960 To the Honorable Mayor And City Council City of Dubuque Dubuque, Iowa Gentlemen: This is to inform you that the Dodge Street Sanitary Sewer from Terminal Street 285 feet west has been completed in accordance with plans and specifications. I, therefore, recommend that this improvement be accepted. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. (A Resolution Accepfing Improve• ment) City of Dubuque, Iowa RESOLUTION NO. 190.60 WHEREAS, the contract for the Dodge Street Sanitary Sewer from Terminal Street 285 feet west has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and 434 Adjourned Regular S that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation- Sewage Rental Fund. Passed, adopted and approved this 6th day of September, 1960. Approved: PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Takos moved the adop- tion of the resalution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. September 6, 1960 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: This is to advise you that the Irv- ing School-Nebraska Street Storm Sewer has been completed in ac- cordance with plans and specifi- cations by the Hennessey Brothers Construction Company of Cedar Rapids, Iowa. The cost of the im- provement is $5,902.50, with the City of Dubuque and the Dubuque Community School District paying equal costs of $2,951.25 each. I, therefore, recommend the ac- ceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Takos moved that the rec- ommendation of the City Manager be approved. Seconded by Council- man Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilman Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. (A Resolution Accepting Improvement) CITY OF DUBUQUE, IOWA RESOLUTION NO. 197.60 WHEREAS, the contract for the HIVING SCHOOL - NEBRASEA ession, September 6, 1960 STORM SEWER for the construc- tion of the Irving School-Nebraska Street Storm Sewer beginning at the existing catch basin at the corner of McPOland Street and Nebraska Street then to the north- west Property Line of Lot 606 of Lenox Addition, then easterly to the southwest Property Corner of Lot 1 of 1 of 1 of Hyatt Place, thence northeasterly to the existing storm drain in Lot 1 of 1 of 1 of Hyatt Place. This storm sewer will consist of a twenty-four inch (24") main sewer, lateral sewers, catch basins and all necessary appurten- ances has been completed and the City Manager has examined the work and filed his certificate stating that the same Las been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement Abe and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from Street Construction- Road Use Tax Fund in amount equal ~to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of September, 1960. PETER J. TAEOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIItER Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Dubuque County Proj. No. U-UG-305(12) RESOLUTION NO. 192fi0 AMENDMENT TO RESOLUTION Signed July 18, 1960 WHEREAS, the Council of the City of Dubuque has signed a reso- Adjourned Regular Session, September 6, 1960 435 lotion with the Iowa State Highway Commission for the im- provement by grading and drain- ing of U. S. No. 20 to a four-lane facility. WHEREAS, Section 8 of said reso- lution contains the estimate of quantities of storm sewer to be reimbursed for by the Council. WHEREAS, the Council has re- quested that additional storm sewer, Rt. Sta. 24431 to Rt. Sta. 2446} Abe added to the project. NOW THEREFORE, be it resolved by the Council of the City of Dubuque that said resolution be amended as follows. That under Section 8 the follow- ing statement be added to the estimate of quantities. "Rt. Sta. 2443} to Rt. Sta. 2446+ 24" 1500-D 252 L.F." Passed and adopted this 6th day of September, 1960. PETER J. TA%OS Mayor I, Leo F. Frommelt, Clerk of City of Dubuque, Iowa, hereby certify that the above Resolution was duly passed and adopted by the City of Dubuque, Iowa, on the 6th day of September, 1960 by the following call of yeas and nays re- corded hereon. Yeas-Leo N. Schueller, Louis Schaller, John P. Schreiber. Nays-None. Vacancy-One. Attest: LEO F. FROMMELT, City Clerk. APPROVED AND AGREED to this 21st day of Sept., 1960. IOWA STATE HIGHWAY COMMISSION C. B. Anderson Urban Engr. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 193-60 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $970,000 Sewer Bonds. WHEREAS it is necessary and for the best interests of the City of Dubuque, Iowa, and its inhabi- tants that certain sewers be built and constructed in and for said City, and it is necessary that the cost thereof, to the amount of $970,000, be now provided for by the issuance of bonds payable from the proceeds of taxes levied on all the taxable property in said City, but it is necessary to first provide £or notice and hearing in the man- ner and Form required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 7. That this Council meet at the Council Chambers in the City Hall in said City on the 10th day of October 1960, at 7:30 o'clock P. M. Central Standard Time, at which time and place proceedings will be instituted and action taken for the issuance of $970,000 Sewer Bonds for the purpose of paying the cost, to that amount, of build- ings and constructing sewers in said City. Section 2. The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by publica- tion at least once not less than fifteen (15) days before said meet- ing, in the "Telegraph Herald", a newspaper published and having a general circulation within said City. Said notice shall be in sub- stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF SEWER BONDS. The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 10th day of October, 1960, at the Council Chambers in the City Hall, Du- buque, Iowa, at 7:30 o'clock P. M., Central Standard Time, for the purpose of instituting proceedings and taking action for the issuance of $970,000 Sewer Bonds of said City, bearing interest at a rate or rates not exceeding five per cent (5%) per annum, for the pur- pose of defraying the cost, to that amount, of building and construct- ing sewers in and for said City. At any time before the date of said meeting a petition or petitions setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. ~~ ~ 'y ti'!4 ' !l.a~ °ii! ,,: uo Vii. ;i s fi i 436 Adjourned Regular Session, September 6, 1960 By order of the City Council September 8, 1960. Leo F. Frommelt City Clerk. Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this resolution shall be effective forthwith upon its pas- sage and approval. Passed and approved September B, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk. Recorded September 6, 1960. Leo F. Frommelt City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded ~by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 19460. Resolution providing for the advertisement o f $970,000 Sewer Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore determined it to be ad- visbale and necessary that certain sewers be built and constructed in and for said City and it is necessary and for the best inter- ests of said City that $970,000 Sewer Bonds contemplated to be issued ko pay the cost thereof be offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Sewer Bonds of said City in the amount of $970,000 be advertised for sale, such bonds to be dated November 1, 1960, bearing interest payable May 1, 1961, and semiannually thereafter, and maturing $45,000 on Novem- ber 1 of each of the years 1961 ~to 1966, inclusive, and $50,000 on November 1 of each of the years 1967 to 1980, inclusive, and that bids be requested for action there- on a2 the Council Chambers in ' the City Hall in said City at 7:30 o'clock P. M., Central Standard Time, on the 10th day of October 1960, and that the City Clerk be and he is hereby authorized and directed do publish notice of such sale once each week for at least two consecutive weeks in the "Tele- graph Herald" a newspaper pub- lished and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders in so far as same may be in conflict herewith be and the same are hereby repealed. Passed and approved September 6, 19(10. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREDIER Councilmen Attest: LEO F. FROMMELT City Clerk Recorded September 6, 1960. Leo F. Frommelt City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 195fi0 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cig- arette papers within said City. Name Address Thomas S. Smith, Jr., 3200 Cen- tral Avenue. Mt. St. Bernazd Seminary, Inc. (Effective 10/1/60), 2360 Carter Road. Wartburg Seminary Snack Bar (Effective 10/1/60), 333 Wartburg Place. Veterans of Foreign Wars, Leo A. Schwind Post No. 508, 1638 Cen- tral Avenue (Transfer of address from 2327 Central Avenue). r' Adjourned Regular Session, September 6, 1960 437 BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 6th day of September, 1960. PETER J. TAROS Mayor LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk. Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 19660 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 For the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT Name Address LeRoy G. Richman, 2319 Prince Street Riverside Bowl, 1860 Hawthorne Street J. Louis and Susan Spielman, 601 Rhomberg Avenue Ronald J. Weiner, 909 Walnut Street Mrs. Emma Scherer, 1187 Iowa Street Mrs. Jean Anfinson, 649 East 16th Street Michael F. Pusateri; 1292 Main Street Cyril N. Meitl, 1555 Central Avenue Theodore J. Ferring, 385 East 13th Street CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Leo A. Schwind Post No. 508, 1638 Cen- tral Avenue (Transfer of Address from 2327 Central Avenue). CLASS "C" PERMIT Walter Knoll, 205 Kaufmann Ave- nue Gus and Michael F. Pusateri, 1098 Main Street Thomas Oeschger, 815 West 5th Street. Passed, adopted and approved this 6th day of September, 1960. PETER J. TAKOS Mayor LEO N. SCHUEL'LER LOUIS SCHALLER 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 Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. RESOLUTION NO. 197.60 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Addrea LeRoy G. Richman, 2319 Prince Street Riverside Bowl, 1860 Hawthorne Street J. Louis and Susan Spielman, 601 Rhomberg Avenue Ronald J. Weiner, 909 Walnut Street Mrs. Emma Scherer, 1187 Iowa Street Mrs. Jean Anfinson, 649 East 16th Street Michael F. Pusateri, 1292 Main Street Cyril N. Meitl, 1555 Central Ave- nue Theodore J. Ferring, 385 East 13th Street CLASS "B" PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Leo A. Schwind Post No. 508, 1638 Cen- trai Avenue (Transfer of address from 2327 Central Avenue). 438 Adjourned Regular Session, Segtember 6, 1960 CLASS "C" PERMIT Walter Knoll, 205 Kaufmann Ave- nue Gus and Michael F. Pusateri, 1098 Main Street Thomas Oeschger, 815 West 5th Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of September, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER 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 Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mr. Robert Jones of 1200 Prairie St. made a complaint about the traffic from Loras to W. 11th as to speed etc. and made a further request that same be checked by the Traffic Department. Communication of the American Municipal Association extending an invitation to the 37th Annual American Municipal Congress in New York, presented and read. Councilman Schueller moved that the communication be referred to the Council for proper action. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Mr. Wm. Pecoy representative of Local 228 City Employees ad- dressed the Council by objecting to the fact that many men em- ployed at the City Garage are los- ing their holiday pay. He was assured that the entire pay plan of the City is being re-considered. There being no further business Mayor Takos moved to adjourn. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Vacancy-One. Leo F. Frommelt City Clerk APProved ................................1961. Adopted Councllmen Attest: City Clerk Special Session, September 19, 1960 439 CITY COUNCIL OFFICIAL Special Session, September 19, 1960 Council met at 7:30 P. M. Present-Mayor Takos, Council- men Schaller, Schreiber, Schueller. City Manager Gilbert D. Chave- nelle. Mayor Takos read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing to rnnsider improvement of the first alley north of Green Street from Finley Street to Bunker Hill Road with concrete curb and gutter and bituminous concrete paving and acting upon such other business as may properly come before a regu- lar meeting of the City Council. Councilman Schaller moved that Mr. James J. Kean be appointed to the City Council to fill the unexpired term of former Council- man George A. Freund, term ex- piring December 31, 1961. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays-None. Mayor Takos swore in Council- man James J. Kean whereupon the new councilman took his place at the Council table. Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications form of contract and crost of improvement for the im- provement of the first alley north of Green Street from Finley to Bunker Hill Road with concrete curb & gutter and Bituminous con- crete paving, presented and read. Councilman Schueller moved that the proof of publication be re~ ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel ler. Nays-None. Petitions of Clarence N. Ganse men et al objecting to the proposei improvement of the first alle7 north of Green Street from Finle; to Bunker Hill with curb & gutter nd paving, presented and read. Mayor Takos moved that the peti- ions be received and filed. Sec- inded by Councilman Schaller. tarried by the following vote: Yeas-Mayor Takos, Councilmen {ean, Schaller, Schreiber, Schuel- er. Nays-None. Councilman Schueller moved ;hat the rules be suspended in order to allow anyone present address the Council if they so de- >ire. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Mr. Sam Pusateri and Garland Lynch addressed the Council as being in favor of the improvement but thought it could be done for less money, by constructing the alley with a concrete concave sec- tion, thereby eliminating the curb & gutter entirely. Mr. Charles Coffee, Clarence Gansemer, Elroy Hintz and Betty Schroeder voiced their objections against the improvement. Mr. Cof- fee stated that he would be willing to grant proper easement to Mr. Pusateri and Lynch in order to have access to the back of their property. Mr. Hintz was of the opinion that entry to the Pusateri and Lynch properties need not be from the back of their lots. After considerable discussion Councilman Schreiber moved that the project be deleted. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Communication o f Dubuque Safety Council commenting on the safety hazards at the intersection of Grandview & Dodge and Uni- versity and Asbury Streets, pre- sented and read. Councilman Schreiber moved that the com- munication be referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays--None. t'}51;. iN~l4(. Ic'R!k 440 Special Session, September 19, 1960 September 13, 1960. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa. I wish to thank you for your attention to our Petition dated June 17, 1960, relative to flood protection. I am again writing on behalf of our clients, Caradco, Peo- ple's Natural Gas, A. Y. McDonald Company, Klauer Manufacturing Company, Jacrobson, Interstate Power Company, Kretschmer & Treadway, Farley & Loetscher, and Spahn & Rose Company, in regard to said Petition. In view of our informal discus- sion of the problems involved, it is our considered opinion that a formal agreement between the City of Dubuque and affected in- dustry is not now necessary in re- lation to a dyke for flood protection as requested. Our cli- ents stand ready to do everything possible to afford flood protection in the event of flood stage, to protect the area involved; and, of course, we understand and realize from the discussion of the Council and the City Manager that every reasonable effort will be put forth by the City to afford as much flood protection in the City as is possible in the event of flood stage. Tn view of the above considera- tions, we do hereby withdraw our petition dated June 17, 1960. We thank you for your courtesy and the time taken in regard to the request of our clients. Yours very truly, KINTZINGER & KINTZIN- GER By: Charles A. Kintzinger. Councilman Schueller moved that the request be granted and the communication be made a mat- ter of record. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of August 1960, pre- sented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Assignment of Mulgrew Black- top Inc. to Dubuque Bank & Trust Company of all monies due from the 1960 Hot Mix-Hot Laid Asphal- tic Paving Project Sections 1 & 2, presented and read. Mayor Takos moved that the Assignment be ap- proved subject to the approval of the City Solicitor. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 12, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Attached are letters concerning cromments from merchants on the new type parking system now be- ing used on Central Avenue from 14th to 13th Street. All letters received aze in praise of this type of parking. I would like to have the opinion of the City Councll as to their thinking on the further use of this system in other pazts of the down- town district. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the communication and com- ments be received and filed. Sec- onded by Councilman Sehueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 14, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: It is requested that I be per- mitted to attend the International City Managers' Association Annual Meeting. This meeting is to Abe held in San Francisco, October 16th through October 19th. I believe that the program of this meeting is such that your City Special Session, September 19, 1960 441 Manager will have available ~to him, the very best information and ex- perience in city administration. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Takos moved that permis- sion be granted to the City Man- ager to attend. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 16, 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, sub- ject to the approval of the City Solicitor: SIDEWALK Edwin J. Koerperick, Western Surety Company BLASTING Merl Gcerdt d/b/a Merl Gcerdt Excavating, Ameri- ~~~ can Surety Company HEATING ~~;;,: Walter F. Gronau & William H. Lammer, United Pacific Insur- ~~ _ ance Company . . C. F. Puth Company, Inc., Western Casualty & Surety Co. W. J. Jordan, General Insurance Co. of America. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Takos moved that filing of the bonds and policies be ap- proved subject to the approval of the City Solicitor. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. _ September 19, 1960 To the Honorable Mayor and City Council i Dubuque, Iowa Gentlemen: The attached petition of Rev. R. E. Holzhammer and others re- questing the installation of a street light at or near the corner of 225 York Street was referred to the City Manager and Electrical Inspector for investigation and re- port. Upon investigation and report, it was determined that a street light be placed on the pole located opposite 225 York Street. I therefore recommend the in- stallation of the above street light. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Sehueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 19, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The attached petition of Clifton T. Huntoon and others requesting the installation of street lights at the north and south ends of Col- lins Street was referred to the City Manager and Electrical In- spector for investigation and re- port. Upon investigation it was deter- mined that street lights should be installed at the following loca- tions: 1. One light on the southeast corner of Lombard and Collins Street. 2. One light on the northeast corner of St. Joseph and Collins Street. 3. One light between 52 and 62 Collins Street. I therefore recommend the in- stallation of the above street lights. Respectfully submitted, Gilbert D. Chavenelle 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, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. 442 Special Session, September 19, 1960 September 14, 1960 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On the 3rd day of August, 1960, Eugene F. Witter, 1228 Garfield Ave., Dubuque, Iowa, filed his claim against the City in the amount of $20.00 for damage to his vehicle on July 30, 1960, by reason of scraping the left door of his vehicle against a City gar- bage truck that was parked adja- bent to him. I have made an investigation of this matter together with Mr. Cletus Allen, Street Commissioner, and find no actionable negligence on the part of the City. It is therefore, the recommenda- tion of the City Attorney that said claim be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Schaller moved that the recommendation of the City Solicitor be approved. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 14, 1960 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On July 26, 1960, Mrs. Rose Gulick of 2885 Washington St., Dubuque, Iowa, filed her claim against the City in the amount of $40 as a result of sewerage back- ing into her basement. I have made an investigation of this claim together with Mr. Cletus Allen, Street Commissioner, and find no actionable negligence on the part of the City. It is recommended therefore, that the claim of Mrs. Rose Gulick in the amount of $40 be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Takos moved that the recommendation of the City Solici- tor be approved and the City Man- ager be instructed to contact the residents of the area affected by sewer back-ups to use proper pre- caution to avoid this trouble in the future. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 14, 1960 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On September 6, 1960, Mr. Mor- ris Farber of 1150 N. Booth St., Dubuque, Iowa, filed his claim against the City of Dubuque for damage suffered to his car on September 3, 1960, by reason of striking a loose manhole cover in the vicinity of 775 Hill St. in the City of Dubuque. I have made an investigation of this matter together wfth the Street Commissioner, Mr. Cletus Allen, and I have conferred with ~~~ the claimant who has made an of- fer of settlement in the amount of $52.50, same being the actual cost of repairs to his vehicle. I therefore recommend that the offer of settlement by Mr. Morris Farber be accepted and the City Auditor instructed to draw a war- rant payable to Morris Farber and to deliver the same upon the de- livery of a duly executed release. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a war- rant payable to Morris Farber in the amount of $52.50 and to de- liver the same upon receipt of a properly executed release. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 6460. An Ordinance Amending Ordi- nance No. 33-49 of the City of Dubuque, Iowa, by adding a new Section 92, by-adding a New Sec- tion 93, by Adding a New Section 94 to Schedule VI thereof, pre- sented and read. F:? `a 'y, a ~'. ': Session, September 19, 1960 443 Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 6460 Now Therefore Be It Ordained BY The City Councn Of The City O£ Du- buque, Iowa: Section 1. That Ordinance No. 33-09 be and the same is hereby amended by adding anew Section 9$ by adding a new ection 93 and by adding a new Section 94 to Schedule VI thereof as follows: "Schedule VI. 92. The easterly side o£ O'Hagen Street from Mhleral Street to Univer- sity avenue. 93. The south side of Kaufmann Ave- nue from Central Avenue to Francis Street. 94. The north side of Kaufmann Avenue from Francis Street to Valeria Street" Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cations by law provided. Introduced the 19th day of Septem- ber, 1960. Rule requiring reading on three sepa- roll call v~ this 19th day PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN JOHN P. SCHREn3ER Councilmen Attest: LEO F. F COty Clerk Published officially in the Telegraph- Herald newspaper this 26th day of Sep- tember, 1960. LEO F. FROMMELT City Clerk lt. 9-26 Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 65-60 An Ordinance Amending Ordi- nance No. 33-49 of the City of Du- buque,Iowa, by Adding a new Sub- section 11 and anew Sub-section 12 to Section A of Schedule III thereof, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Councilman Schueller 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-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 65-60 A\ ORDINANCE AMENDING ORDINANCE NO. 33-99 OF THE CITY OF DUBUQUE, IOWA, BY ADDING A NEW SUB-SECTION 11 and A .NEW SUB-SECTION 12 TO SECTION A OF 9GHEDiILE III THEREOF. NOW THEREFORE BE IT OR- DAL\'ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That Ordinance No 33-49 of the City oY Dubuque, Iowa, be and the same is hereby amend- ed by adding a new Subsection 11 and by adding a new Subsection 12 to Section A of Schedule III there- of, as follows: "SCHEDULE III. 6ection A. 11. Peaz] Street and Gilliam Street; 12. Pear] Street and Finley Street." SECTION 2. This Ordinance shall be in full force and effeot from •ind after its final passage, adop- tion and publication as by ;aw provided. Introduced the 19th day of 6eptember, 1980. Rule requiring reading on three separate days suspended by unani- mous vote the 19th day of Septem- ber, 1960. Passed by recorded ml] call vote, adopted and approved this 19th day of September, 1960. PETER J. TAKOS Mayor LEO N. SCHULLER LOUIS SCHALLER JAMES J. KEAN JOHN P. SCHREI3ER Councilmen Attest Leo F. Frommelt City Clerk Published officiany in the Tele- graph-Herald newspaper this 23rd day of September 1960. LEO F. FROMMELT City Clerk 1t 9-23 s "; ^+I'-: 1 ;~,;~.: ny 444 Special Session, September 19, 1960 Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 66.60 An Ordinance Amending Ordi- nance No. 3349 of the City of Dubuque, Iowa, by adding a new Section aa, a New Section bb and a new Section cc to Schedule II thereof, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Schreiber. Carried by the follow- ing Vete: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Councilman Schueller move d that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 6G-fi0 An Ordinance Amending Ordin- ance No. 33-49 of the City of Dubuque, Iowa, by adding a new Section aa, Anew section bb and A new section ce to Schedule II, thereof. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQU]], IOWA: SECTION 1. That Ordinance No. a3-49 oY the City of Dubuque be and the same is hereby amended by adding a new Section aa, a new Section bb and a new Section cc to Schedule II thereof, ae fol- lows: "SCHEDULE II. aa. Devon Drive Prom Dodge Street to the northerly property line of Mineral Street. bb. Mineral Street from the east- erly property line of Devon Drive to the easterly property line of O'Hagen Street. ec. O'Hagen Street from [he northerly property line of Mineral Street to the southerly property line of University Avenue." SECTION 2. This Ordinance shall be in full force and effect from and after its Yinal passage, adop- tion and publication ae by law provided. Introduced the 19th day o [' September, 1960. Rule requiring reading on three separate Jaya suspended by unani- mous vote the 19th day of Septem- ber, 1960. Passed by recorded roll-call vote, adopted and approved this 19th day of September, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN JOHN P. SCHREIBER Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph-Herald newspaper this Z3rd day of September 19G0. LEO F. FROMMELT City Clerk 1t 9-23 Councilman Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 67.60 An Ordinance Establishing the Voting Precinct for Certain An- nexed Territory to the City of Du- buque, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schreiber. Carried by the fol- leW1Rg Vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ORDINANCE NO. 67-GO An ORDINANCE Establishing the Voting Precinct for Certain An- nexed Territory to the City of Dubuque. Whereas, the City Council an- nexed certain territory to the City of Dubuque, Iowa; Whereas, a voting precinct should be provided for said annexed ter- iitory. SOW THEREFORE, be it or- dained by the City Council oY the City of Dubuque: SECTION 1. That the said an- nexed territory be and the same is hereby established as Hart of [he Sixteenth Voting Precinct of the City of Dubuque, and eafd ter- ritory is described as follows; to wit: Beginning on the existing west corporation line of the City o[ Dubuque, Iowa, where the same is intersected by the northeast Special Session, September 19, 1960 445 corner of the Northeast Quarter o£ the Southeast Quarter of Section 21, Township 89 North, .fangs East of the 6th P. M.; thence westerly along the northerly line of the Southeast Quarter of Said Section ffi to the northeasE corner of Lo[ 2 of the Northwest Quarter of the Southeast Quarter of sail Section 21; thence southerly along the easterly boundary of said Lot 2 to the southeast corner thereof; thence westerly along the s~mtherly boundary of said Lot 2 to the southwest corner of said i.ot Z; ' thence southerly along the weaterty t '~ boundary of the Southeast Quarter of said Section 2] to the southw st corner of said Southeast Quarter. thence easterly along the southerly line of the Southeast Quartor to the poivt where said line +s mt._m- sectod by the easterly line of Lot 5 of Lange's Subdivision, thence mrtherly along the easterly line of said Lot 6 in Lange's Sub- division to the northoast corner of said Lot 5; thence westei9y along the northerly line of Lots 5, 4, 3: 2, and 1 of said Langa's y' Subdiv[sion to the northw •st ^ur- ~' Her of Lot 1 oY said Lange's Sub- division; thence northerly along the easterly line of the 9outhwes-[ ° Quarter oP the Southeast Quarter ,~. of said Section 21 to the southeast `- corner of Lot 1 of the Northwest ~' Quarter of the Southeast Quarter ~ of said Section ffi; thence eaetuly along the southerly line ..f the -y Northeast Quarter of the Southeast } ` Quarter of said Section AI to the ~ southeast corner of the Northeast Quartee oP the Southeast Qua-ter ' of said Section 21; thence north- erly along the easterly boundary line oP the Northeast Quarter of - the Southeast Quarter of s a i d F ;~ Section 21 along the westerly lim- . its of the City of Dubuque, Iowa, ~_': to the point of beginning. SECTION 2. That the City Clerk he and he is hereby authorized and directed to maKe and certify a transcript of this Ordina.oce and Y file the same in the office of the 2 County Auditor of Dubuque Coun- tY, Iowa. SECTION 3. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 19th day of Sep- tember, 1960. Rule requiring reading on three separate days suspended by un- animous vote the 19th day of September, 1960. Passed by recorded roll-call vote, adopted and approved this 19th ~ day of SeDtembeq 1960. PETER J. TAKOS LEO N. SCHUELLER LO UI9 SCHALLER JAM1:S J. KEAN JOHN P. SCHREIBF,R Councilmen ,,*;.: Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph-Herald newspaper th ie 23rd day of September 19G0. LEO F. FROMMELT City Clerk lt. 9-23. Councilman Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 19, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I recommend the passage of the attached ordinance granting Ilill- crest Builders, Inc., the right to construct streets and curb and gutter in the City of Dubuque, Iowa. I would like to point out that this ordinance does not contain any mention of sidewalks although it does contain a requirement that the subdivider furnish a 10% bond. In a conference today, I suggest- ed to the members of the Corpora- tion that the sidewalks be includ- ed, however, it was impossible to arrive at any agreement on this matter. If the Council passes this ordi- nance without the sidewalk re- quirement, it is the intention of the City Manager to recommend special assessment of the sidewalks in this area at the next council meeting. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. An Ordinance granting Hilleresl Builders Inc. the right to' construct concrete pavement with integral curb in the following streets in the City of Dubuque, Iowa; Key Way, Richie Drive, Lea Lane, and Key Corners; and the right to con- struct combination concrete curb and gutter on the north side of Pennsylvania avenue adjoining Key Knolls Subdivision in the City of Dubuque, Iowa; and providing the terms and conditions thereof, presented and read. Councilman Schreiber moved that the Ordinance be referred ~ back to the City Manager and City Solicitor with instructions that con- 446 Special Session, September 19, 1960 struction of sidewalks be incorpo- rated in the Ordinance for the af- fected area. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Petition of Elvin Schwaztz As- sociates Inc., Owners and Rainbo Oil Co. Lessee by Clewell Cooney & Fuerste, their attorneys, for va- cation of a portion of Vine street along their property known as Lots 1, 2 & 3 of the Sub. of Lots 14 & 15 of Bush's Subdivision in the City of Dubuque, Iowa on Dodge Street, presented and read. Attorney Wm. Fuerste addressed the Council in behalf of the peti- tioners stating that the steps be- hind the Rainbo Oil Co. property presents a very dangerous situa- tion, by being in very bad shape. Councilman Schueller moved that the petition be referred to the Planning & Zoning Commission subject to investigation as far as our utilities are concerned by the Manager and the various depart- ments. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Petition of Lucille M. Arquitt and David Kintzinger objecting to the opening of St. George street and Bush street, presented and read. Mr. Eldon Herrig read a pre- pared statement to the Council stating that he intends to develop a subdivision using St. George and Bush Streets as entry and exit streets to the proposed subdivision area. Mayor Takos moved that the pe- tition be referred to the City Man- ager and City Engineer. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber, Schueller. Nays. Petition of Arnold C. Lange et al requesting rezoning of Lots 1, 2, 3, 5 Lange's Subdivision to Mul- tiple Family residence District, presented and read. Mayor Takos moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Xean, Schaller, Schreiber, Schuel- ler. Nays-None. Petition of Robert J. Jones et al requesting changing of parking on Prairie Street from Loras to W. 11th street, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Traffic Depart- ment for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- Nays-None. September 18, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has considered the petition of Roger P. Dolan requesting vaca- tion of a plat of lots and streets in Julien Add. This property is in an undeveloped area, the streets have never been opened and the area could be properly developed if this request is granted. The Planning and Zoning Com- mission respectfully recommends granting this petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller moved that the recommendation be ap- proved and referred to the City Solitor to have proper proceedings prepared. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of hearing for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the construction of the Catfish Creek Sanitary Sewer, presented and read. Councilman Schreiber moved Special Session, Se that the proof of publication be received and filed. Seconded by Councilman Schaller. Cazried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. ~''~ Proof of Publication, certified ~~ to by the Publisher, of Notice to contractors of the Receipt of Pro- '"' posa]s for the construction of the extension of the Catfish Creek San- itary Sewer from the existing man- hole in Lot 23 of Folks Addition to a point 500 feet westerly on Pennsylvania Avenue from the City Limits, presented and read. Councilman Schreiber moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schaller. Carried by ~ the following vote: .~, j: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 19, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: P Pursuant to your instructions, sealed bids were received until _. 10:00 A.M. Monday, September 19, 1960, for the City of Dubuque Cat- , fish Creek Sanitary Sewer Exten- . sion. The lowest bid submitted was that of Saffron Construction Com- pany of Dubuque, Iowa, whose bid was 1.02% over the Engineer's es- s timate. A tabulation of the bids received is attached. I recommend that the contract for the City of Dubuque Catfish -;''' Creek Sanitary Sewer Extension be awarded to Saffron Construe- . tion Company. of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager ~- Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Schaller. Carried -~ by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. (Awarding Con}reef) RESOLUTION NO. 798fi0 WHEREAS, sealed proposals ,. have been submitted by contractors ptembor 19, 1960 447 for the Catfish Creek Sanitary Sew- er Extension pursuant to Resolu- tion No. 189-60 and notice to bid- ders in a newspaper published in said City on September 8, 1960; and WHEREAS, said sealed proposals were opened and read on Septem- ber 19th, 1960, and it has been de- termined that the bid of Saffron Construction Company of Dubuque, Iowa in the amount of $14,807.00 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffron Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 19th day of September, 1960. PETER J. TAKOS Mayor LEO N. SC1TiTFT.T.F.R LOUIS SCHALLER JAMES J. KERN 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, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. September 16, 1960 The Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The Drexel-Ohio Street Storm Sewer has been completed in ac- cordance with plans and specifi- .,w, ~, f 448 Special Session, cations by the Hennesse gr Inc. of Cedar Ra ids Y others, I, therefore, reco 'Iowa, ceptance of mmend the ac- the improvement. Very truly Yours, Gilbert D. Chavenelle City Manager Mayor Takos moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. (A Resolution Accepting Improvement,) CITY OF DUBUQUE, IOWA RESOLUTION NO. 199.60 WHEREAS, the contract for the Drexel-Ohio Street Storm Sewer has been completed and the City Manager has exa 1 and filed his certifi ate statin work cord rime has been complet dtact g to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE 1T RESOLVED by the City pa Council of the City of Dubuque, co that the recommendation of the City Manager be approved and ha isa herelProvement be and the same has y accepted. BE IT FUROR the that the Cit RESOLVED, and is hereb y Treasurer be and he its Y directed to pay to the B contractor from the Street Con- Cou struction Fund in amount equal to that the amount of his contract, less City any retained percentage provided said for therein. Passed, is h adopted and approved BE this 19th day of September, 1960. that PETER J. TAKOS is he Mayor contr LEO N. SCHUFT T FR realiz LOUIS SCHALLER Fund JAMES J. KERN amou JOHN P. SCHREIBER retain Attest: Councilmen therei LEO F. FROMMELT Pass City Clerk this 1 Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays--None. Attest 19, 1960 To the HonorableeMayober 19, 1960 and City Council Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque 1960 Maintenance Patching Project No. 1 has been completed in accordance with the City specifications. I therefore recommend the ac- ceptance of the above project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- er. Nays-None. (A Resolution Accep}ing Improvement) City of Dubuque, Iowa RESOLUTION NO. 20060 WHEREAS, the contract for the ty of Dubuque 1960 Maintenance tching Project No. 1 has been mpleted and the City Manager s examined the work and filed certificatt stating that the same been completed according to terms of the contract, plans specifications and recommends acceptance, now therefore, E IT RESOLVED, by the City ncil of the City of Dubuque, the recommendation of the Manager be approved and that improvement be and the same ereby accepted. the Cit URT11ER RESOLVED, y Treasurer be and he reby directed to~ pay to the actor from the funds to be ed from Street Construction in amount equal to the nt of his contract, less any ed percentage provided for n. ed, adopted and approved 9th day of September, 1960. PETER J. TAKOS, Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN JOHN P, SCHREIItER Councilmen Special Session, Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Caz- ried by the following vote: Yeas-Mayor Takos, Councilman Kean, Schaller, Schreiber, Schuel- ler. Nays-None. RESOLUTION NO. 201.60 WHEREAS, heretofore applica- tion for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the folllowing named applicants a Beer Permit: CLASS "C" BEER PERMIT Name Address Tenebom's Super Market, Inc., 630 Locust Street CLASS "B" BEER PERMIT Alonzo Kostle, 400 Rhomberg Av- enue Joseph Reisdorf, 1101 Rhomberg Avenue CLASS "B" BEER PERMIT FOR PRIVATE CLUBS Veterans of Foreign Wars, Leo A. Schwind Post 508, 1638 Central Ave. BE IT FURTHER RESOLVED that the bonc}s filed by such appli- cants be and the same aze hereby approved. PASSED, ADOPTED and AP- PROVED this 19th day of Septem- ber, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN JOHN P. SCHREIIiER Councilmen Attest: LEO F. FROMMELT, City Clerk ieptember 19, 1960 449 Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. RESOLUTION NO. 202-60 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 for the City of Dubuque that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "C" BEER PERMIT Name Address Tenebom's Super Market, Inc., 630 Locust Street CLASS "B" BEER PERMIT Alonzo Kostle, 400 Rhomberg Av- enue Joseph E. Reisdorf, 1101 Rhomberg Avenue CLASS "B" BEER PERMIT FOR PRIVATE CLUB Veterans of Foreign Wars, Leo A. Schwind Post 508, 1638 Central Avenue Passed, adapted and approved this 19th day of September, 1960. PETER J. TAEOS Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN JOHN P. SCHREIBER Councflmen 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 Kean, Schaller, Schreiber, Schuel- ler. Nays-None. RESOLUTION NO. 203.60 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a Fn 450 Special Session, September 19, 1960 permit to sell cigarettes and cigar ette papers within said City. Name Address Mrs. Dallas Wuelling & Mrs. Louise Ley (Effective 10-1-60), 530 Main Street BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 19th day of September, 1960. PETER J. TAKOS Mayor LEO N. SCHUELLER LOUIS SCHALLEA JAMES J. KEAN JOHN P. SCHRED3ER 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-Mayan Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. There being no further business Councilman Schaller moved to ad- journ. Seconded by Councilman Schreiber, Carried by the follow- ing vote: Yeas-Mayor Takos, Councihen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. LEO F. FROMMELT, City Clerk. Approved ......, Adopted ..................................1961. Councilmen Attest : ........................ City Clerk. is Regular Session, October 3, 1960 451 CITY COUNCIL OFFICIAL Regular Session, October 3, 1960. Council met at 7:30 P.M. Present -Mayor Takos, Council- men, Kean, Schaller, Schreiber, Schueller. City Manager Gilbert D. Chavenelle. Mayor Takos read the call and stated that this meeting is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may properly come before the meet- ing. Communication of League of Iowa Municipalities extending an invitation to attend the annual con- vention of the League to be held in Des Moines on October 13th and 14th, presented and read. Council- man Schreiber moved that the com- munication be referred to the Council. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of American Municipal Association extending an invitation to attend the annual Con- gress on November 26 to 30th in New York, presented and read. Councilman Schreiber moved that the communication be referred to the Council. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. PROCLAMATION WHEREAS, in the forthcoming No- vember elections many of our citizens, mostly young, but some older, will be given their first opportunity to exercise their right of franchise. It will be to them, and to all of us, a day of great importance, and WHEREAS, their eligibility to en- ter the polls of the City is con- tingent upon their prior regis- tering as voters, and WHEREAS, it is of significant im~ portance to them, and to all of us, that this sacred privilege is not lost by default, and WHEREAS, the City Council of the City of Dubuque recognizes the importance of all eligible persons registering to vote and thereby wishing this import- ance to be emphasized NOW, THEREFORE, I, PETER J. PAKOS, MAYOR of the CTTY of DUBUQUE, IOWA, and acting on behalf of the City Council, do hereby designate Thursday, Octo- ber 6th, as "First Voters' Registra- tion Day" in the City of Dubuque, Iowa. PETER J. TAKOS, Mayor City of Dubuque, Iowa Signed this 3rd day of October, 1960. Mayor Takos moved that the proclamation be received and made a matter of record. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Printed Council proceedings pre- sented for approval for the month of April 1960. Councilman Schreiber moved that the Council proceedings for the month of April, 1960, be ap- proved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of J. H. Schiltz submitting his resignation as a member of the Board of Zoning Adjustment, presented and read. Councilman Schueller moved that the resignation be accepted with regret and that a letter of thanks be sent to Mr. Schiltz thanking him for his many years of service to the City. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Kean, Schaller, Schreiber, Schuel- ler. Nays-None. October 3, 1960 Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: In accordance with the provi ', sions of the Code of Iowa, 1955.. rai ,ai i ;aa; ~'