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1962 March Council Proceedings ~ 71 Previous Cost Filed- 1/22/62 ............................$8.428.54 February 28. 1962 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of tbe 1958 Code of Iowa. the Civil Service Commission conduct- ed an entrance examination on December 12, 1961, for those seek- ing positions on the Fire Depart- ment. Mr. Frederick Nagel passed a written examination with an av- erage of 80.83%. His name did not appear on the original eerti. fied list submitted to your hon- orable body at the Council meet- ing of February 5, 1962, due to a continued delay in completing his physical examination. The exam- ination has now been completed to the satisfaction of all concerned and we have been instructed by the Fire Pension & Retirement Board under date of February 28, 1962 to certify Mr. Nagel's name to the Council for appointment. Respectfully submitted, J. A. CAREW Chairman LOUIS J. LAGEN A. G. WRIGHT Commissioners Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me a Notary Public this 5th day of March 1962. (Notarial Seal) CHARLES J. JENAMAN Notary Public Councilman Takos moved that the eommunication be received and made a matter of record. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Takos. Nays-None. Absent-Councilman Schreiber. Councilman Takos moved that the rules he suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Takos. Nays-None. Absent-Councilman Schreiber. 1962 March 5, Session, CITY COUNCIL (Official Regular Session, March 5, 1962. Council met at 7:30 P. M. Present-Mayor Schaller, Coun- cilmen Horgan, Kean, Takos. City Manager Gilbert D. Chavenelle. Absent - Councilman Schreiber at roll call. Mayor Schaller read the call and stated that service thereof had been duly made and that this is the regular monthly meeting of the City Council for the purpose of acting on any business that may properly come before the meet- ing. CORRECTED CERTIFICATION February 19. 1962 To the Honorable Mayor and City Council Gentlemen: Atta'ched herewith is the certifi. cation of cost for the Samuel and Bush Street Sanitary Sewer con. structed according to Ordinance No. 14-61. This sewer will serve 1604.25 feet of frontage along Bush and Samuel Street. 1370.8 lin.Ft. 8" sanitary sewer @ $3.00 ..............$4.122.40 630 lin. ft. manhole SIde- wall @ 20.00 .................. 7 manholes - bases @ 25.00 ................................ 7 manholes-rings & cov- ers @ 50.00 .................... 40 lin. ft. Y branches @ 4.50 .................................. 173.33 cu. yds. rock exca- vation @ 15.00 .............. lospection Charge (City) Engineering Cost 1,260.00 175.00 350.00 180.00 2.599.95 150.00 752.59 $9,579.94 Respectfully submitted. Eldon T. Herrig Subscribed and sworn to before me this 20 day of Feb. 1962. Margaret Hughes Notary Public in and for Dubuque County, Iowa Councilman Takos moved that the communication be received and made a matter of record. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Takos. Nays-None. Absent-Councilman Schreiber. Regular \ I i i I II I i ~ 73 the City Auditor be instructed to draw a warrant payable to Mr. J. A. Pye and Elsie Pye, his wife, in the amount of $375.00 and to de- liver the same upon receipt of proof of installation of back water valve and upon receipt by the au- ditor of a duly executed release Original claim is attached here. to. Mayor Schaller moved that the recommendation of the City At- torney be approved and the Audi. tor instructed to issue a warrant payable to J. A. Pye & Elsie Pye his wife in the amount of $375 and deliver the same upon receipt of proof of installation of a back water valve and a dUly executed release. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. 1962 March Honorable Mayor and City Council Gentlemen: On January 5, 1962, Mr. and Mrs. Eldon Kleinschrodt of 332 Kauf- mann Ave., Dubuque, Iowa. filed claim for damages to their vehicle in the amount of $52.63 as a result of striking an alleged defect in the roadway at the intesection of 22nd St. and Kaufmann Ave. in the City of DUbuque on January 4, 1962. I have made an investigation of this matter and it is the opinion of the City Attorney that said claim should be paid. It is therefore recommended that the City Auditor be instructed to draw a warrant payable to Eldon Kleinschrodt and Helen Klein- schrodt, his wife ,in the amount of $52.63 and to deliver the same upon receipt of a duly executed release. Original claim is with. returned here- RespectfuUy submitted, R. N. RUSSO, City Attorney Mayor SchaUer moved that the recommendation of the City Attor- ney be approved and the Auditor instructed to issue a warrant pay- submitted, 5, RespedfuUy R. N. Russo City Attorney 1962 March 5, Session, Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber. Ta- kas. Nays-None. February 23, 1962 Hon. Mayor & City Council Gentlemen: On October 23, 1961 there was filed the claim of Margaret Specht in the amount of $2,750.00 and on the same date there was filed the claim of John M. Specht in the amount of $3,150.00. The alleged grounds of negli- gence were not caused by the City of Dubuque but said street where at the alleged injuries occurred was under construction by an in- dependent contractor. The City Attorney's office has been advised that the claimants have settled their claim with the contractor at no cost to the City. Original respective claims at- tached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the communication be reo ceived and made a matter of rec- ord. Seconded by Mayor Schaller. Carried by the fallowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. March 5, 1962 Hon. Mayor & City Council Gentlemen: On November 20, 1961, J. A. Pye of 2485 Pearl St., Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $1,000.00 for damages aUegedly resulting from the backing up of a sewer on November 3, 1961. I have made an investigation of this matter, have conferred with Mr. Cletus Allen and with Mr. Donald Bandy, and have conferred with the claimant, who has made an offer of settlement in the amount of $375.00. It is the recommendation of the City Attorney, without any admis- sion of liability on the part of the City of Dubuque, that said offer of settlement by Mr. J. A. Pye be accepted on condition that he fur- nish proof of the installation of a back water valve in the sewer line entering his home and that Regular March 5, 1962 Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. March To the Honorable Mayor and City Council Gentlemen: You have referred the matter of the purchase of city property at the northwest corner of Delhi Street and Grandview Avenue to the Traffic Division for review. Attached is a report written by Traffic Sergeant Jenaman. The re- port has been reviewed and ap- proved by the Traffic Committee. It is our recommendation that the traffic requirements set out in the report be included. as a condi- tion of the proposed sale of the property. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the Manager negotiate the sale of the properly. Seconded by Councilman Horgan. Carried by the following vote: To the Honorable and City Council, Gentlemen: This is to advise that I have ap~ proved the following bonds and desire to have your approval on same, subject to the approval of the City Solicitor: PUBLIC OFFICIAL BOND Romola N. Russo, City Solicitor, Ohio Farmers Insurance Co. SIDEWALK BONDS Raphael H. Strub, Western Surety Company Richard and Louis Huseman, American Surety Co. of N.Y. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the bonds be filed SUbject to the approval of the City Solicitor. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. 1962 1962 5, 5, March Mayor Session, February To the Honorable Mayor and City Council Gentlemen: I submit for your consideration, the audit report of the Water De- partment for the year 1961. The audit was conducted by O'Connor, Brooks, Ahrendt and Brooks, certified public account- ants. Respectfully, Gilbert D. Chavenelle City Manager Councilman Takas moved that the reports be received and filed. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. 1962 1962 COUNCILMAN SCHREIBER en- tered the Council Chamber at 8:15 P.]\[. and took his place at the Council Table. February To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, City Health Department and City Water Works for the month of January, as well as a list of claims and payrolls for which war- rants were issued for the month of January, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Mr. Frederick Nagel of 1432 Gar- field Ave. addressed the Council relative to his physical examina- tion for a position on the Fire de- partment. He expressed dissatis- faction with his first examination by one of the doctors. He claimed the doctor's office was noisy which made it difficult to conduct a proper hearing examination. Councilman Takas moved that the Pension and Retirement Board be asked to submit a report for the April 2nd meeting concerning this particular case. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Takos. Nays-None. Absent-Councilman Schreiber. 14, 26, Regular \ 72 I ~ 75 Section 2. The Secretary is hereby directed to cause a certified copy of this Ordinance to be transmitted to the City Clerk and to keep copy of same posted in a conspicuous place in the office of the Dock Board. Passed and adopted this 26th day of January, 1962. John J. Waltz Chairman Irvin A. Oeth Don Mueller Commissioners Attest: Irvin A. Oeth Secretary Published officially in the Telegraph- Herald newspaper this 9th day of March, 1962. Leo F. Frommelt City Clerk CERTIFICATE I, Irvin Oeth, Secretary of the City of Dubuque Board of Dock Commissioners; the undersigned, the President and Secretary, re~ spectively of the City of Dubuque Board of Dock Commissioners, do hereby certify that the foregoing ordinance was duly passed, adopted and approved by members of said Board at a meeting held on Janu. ary 26th, 1962. You are therefore requested to cause said Ordinance to be published in a newspaper of general circulation in the City of Dubuque at least once, and there- after record said Ordinance in a book kept in your office for that purpose. After said Ordinance has been published we will have filed with this Board a certified copy of the publisher containing proof of publishing. Dated this 22nd day of 1962. February, JOHN J. WALTZ, Chairman mVIN A. OETH, Sec'y. Councilman Takas moved that the Ordinance be received and filed after proper publication. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Petition of My-Cap Vendors Inc., Dorothy Heinen account, request- ing a refund of $25.00 on the unex- pired portion of cigarette License No. 307, presented and read. Due to the fact that the original license was not returned with the refund request Mayor Schaller moved that the petition be referred to the City Manager and City Solicitor. Sec. onded by Councilmen Horgan, Kean, Schreiber, Takos. Nays-None. 1962 March 5. ,.. !t. Session, on an ice covered sidewalk at 525 Rhomberg Ave. on February 19, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Albert P. Schuster, in an un.named amount, for personal injuries received in a fall on an icy curb at 13th & Central Avenue on February 28, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Counci1~ men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Merlin L. Doerr. in the amount of $35. for car damage incurred as the result of striking a rock at the foot of Sullivan Street on February 30, 1962, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men, Horgan, Kean, Schreiber, Takos. Nays-None. DOCK BOAR.D ORDINANCE NO. ).62 An Ordinance Amending Dock Board Ordinance No. 1.57 by add- ing a new Section 5 thereto. pre. sented and read. DOCK BOARD ORDINANCE NO. 1-62 AN ORDINANCE AMENDING DOCK BOARD ORDINANCE NO. 1.57 BY ADDING A NEW SECTION 5 THERE- TO. BE IT ORDAINED BY THE DOCK BOARD OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dock Board Ordinance No. 1-57 be and the same is hereby amended by adding a new Section 5 thereto as follows: .'Section 5. Mooring permits may be obtained from the Dock Board by mak- ing application therefor on forms pro- vided by the Dock Board Manager and paying an annual permit fee as fol. lows: a. Rental for boat space at the Pleasure Craft Harbor located at 16th Street shall be $3.00 per linear foot.... Regular 1962 report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, February 27, 1962 Honorable Mayor and City Council Gentlemen: On March 7, 1960, Antonia Bogas of 1132 Locust St., in the City of Dubuque filed claim against the City of Dubuque claiming damages as a result of a fall at or near 1428 Locust Street on March 1, 1960. I have made an investigation of this matter and conferred with claimant's attorney, C. J. May, Jr., and claimant through her attorney has made an offer of settlement in the amount of $1,000.00. It is the recommendation of the City Attorney's office that said of. fer of settlement be accepted in view of the fact that claimant has suffered special damages to date in the amount of $559.45. The abutting property owner has agreed to contribute the amount of $300.00 toward said settlement and that the City Auditor should be instructed to draw a warrant payable to Antonia BOllas and Thomas Bogas, her husband, and C. J. May, Jr., their attorney, in the amount of $700.00 and to trans- mit same to the City Attorney for delivery to the claimants upon receipt of duly executed release. Original claim is attached here. to. Mayor Schaller moved that the recommendation of the City Attor~ ney be approved and the Auditor instructed to draw a warrant pay- able to Antonia and Thomas Bogas, and C. J. May Jr. in the amount of $700. and transmit the same to the City Attorney. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Mrs. Robert Howes, in an un-named amount, for personal injuries received in a fall submitted, Schaller, Council Kean, Schreiber, Respectfully R. N. RUSSO.. City Attorney March 5, men Takos. Nays-None. Regular Session, able to Eldon & Helen Kleinschrodt in the amount of $52.63 and deliver the same upon receipt of a duly executed release. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Helen Arens- dad, in an un-named amount, for damage to her car as the result of being struck by a snowplow at W. 6th Street on February 18, 1962, presented and read. Council- man Kean moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Emma Berg~ man, in an un-named amount, for personal injuries received in a fall in the crosswalk of the alley on the south side of W. 6th Street be. tween Main and Locust on Febru- ary 2, 1962, presented and read. Councilman Kean moved that the noitce of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Clara B. Dubmeyer, in the amount of $6000., for personal injuries received in a fall on an icy sidewalk at 405 Rhomberg Avenue on December 27, 1961, presented and read. Coun- cilman Kean moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council~ men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of Suit of Antonio Bogas, in the amount of $2500., for per- sonal injuries received in a fall on an icy sidewalk at 1428 Locust St. on March 1, 1960, presented and read. Councilman Kean moved that the notice be referred to the City Solicitor for investigation and .,. 74 77 Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Keao, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 42-62 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. PERMIT F. Althaus, East 22nd Eighth Ave- 2222 ~ Uni CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street Attest: 678 Central CLASS "C" BEER PERMIT Tenenboms Super Market, Inc., 200 So. Locust Street Passed, adopted and approved this 5th day of March, 1962. LOmS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Marionette Avenue Mrs. Phyllis Kass, nue Raymond B. McLaughlin, Central Avenue Mrs. Alice H. Erschen, versity Avenue 553 2620 RESOLUTION NO. 41-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. My-Cap Vendors, Inc. for Phyllis Kass, 671 Central Avenue My-Cap Vendors, Inc. for Dale ter, 530 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 5th day of March, 1962. LOmS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Rit LEO F. FROMMELT City Clerk March 5, CLASS "B" BEER Herbert E. and Emil 1575 Central Avenue Sylvester A. Weiner, 201 Street Attest: Tindell NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That the security post. ed by Charles L. Hamblin to secure performance of provisions of Sec- tion 2 of Resolution No. 235-61 be and the same is hereby approved, and the failure of Charles L. Ham. blin to post the required security within 45 days of October 2nd, 1961, be and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 235-61 be and the same remain in force and effect as though the required security had been posted within the 45 day period as set out in said Resolution. Section 3. That the said Charles L. Hamblin execute the acceptance hereto attached accepting the terms and provisions of Resolution No. 235-61 and the terms and pro- visions of Resolution No. 40-62. 1962 Session, Passed, adopted and approved this 5th day of March, A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF RESOLUTION NO. 235-61 AND RESOLUTION NO. 40-62 I, the undersigned, Charles L. Hamblin, having read the terms and conditions of Resolution No. 235-61 and Resolution No. 40-62, and being familiar with the con- tents thereof hereby accept the same and agree to perform the conditions required therein. CHARLES L. HAMBLIN Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor SchaUer, Council. men Horgan, Kean, Schreiber, Ta. koso Nays-None. Petition of Margaret McMahon et al requesting rezoning of the area between Dodge and Jones and Bluff and Bissell Lane to Business Dis- trict, except that part north of Dodge presently zoned as indus- trial, presented and read. Council- man Schreiber moved that the pe. tition be referred to the Planning & Zoning Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Petition of George Theis et al objecting to the erection of a water tower at the intersection of Gay and Muscatine Street as it may have a tendency to lower the val- ues of their properties, presented and read. Mr. Richard Neumann of 2636 Fulto:!1 Street addressed the Coun. cil by inquiring if the objecting Regular 1962 parties had any idea where to put the tower. Mr. Neumann also reg- istered a complaint on placing the proposed tower on the present playground property. Councilman Schreiber moved that the petition be referred to the City Manager and Water Superintendent for in- vestigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Coundl men Horgan, Kean, Schreiber, Ta. koso Nays-None. RESOLUTION NO. 40-62 WHEREAS, on the 2nd of Octo- ber, 1961, the City Council of Du- buque, Iowa, passed, adopted and approved Resolution No. 235-61, ap~ proving the Plat of Block 2 of Hamblin Subdivision, subject to certain conditions set forth in said Resolution; and WHEREAS, Section 3 of said Resolution provided that Charles L. Hamblin provide security as re- quired in Section 2 of said Resolu- tion within 45 days from the date of said Resolution; and WHEREAS, the said Charles L. Hamblin, has posted the required security, but due to conditions be- yond the control of the City, said security was not posted within the required 45 days from date of Resolution No. 235-61. \ .1 March 5, Session, Petition of My-Cap Vendors Inc. Al's Tap Account, requer;ting a re- fund of $25.00 on the unexpired portion of cigarette license No. 214, presented and read. Council- man Schreiber moved that the re- fund be granted and the Auditor instructed to issue a warrant pay- able to My-Cap Vendors Inc. in the amonnt of $25.00 to cover the amount due on the unexpired por- tion of cigarette license No. 214. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Petition of My-Cap Vendors 1oc., Clarence E. Thompson account, re- questing a refund in the amount of $25.00 on the nnexpired portion of cigarette license No. 220, present- ed and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to is- sue a warrant payable to My-Cap Vendors Inc. in the amount of $25.00 to cover the amount due on the unexpired portion of cigarette license No. 220. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. , l 1 I I I , I Regular 76 To the Honorable and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Heaith Department and City Water Works for the month of February, as well as a list of claims and payrolls for which warrants were issued for the month of February, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. 79 19, 1962 March Mayor March 19, 1962 Special Session, CITY COUNCIL (OFFICIAL) 1962. May 19, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the fOllowing bonds and policies and desire to have your approval on same for filing, subject to the approval of the City Solicit~ or: Present-Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. City Manager Gilbert D Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and this meeting is called for the purpose of consid. ering ordinances for final adoption for rezoning; also to consider ap~ proval of resolutions of Necessity covering the City of Dubuque 1962 Improvement Programs and also acting upon such other business as may properly come before a regu~ lar meeting of the City Council. Session, March 19, met at 7:30 P.M. Special Council March 16, 1962 Mayor ~ EXCAVATION Merlin Goerdt, d/b/a Merl Goerdt Excavating, 2955 Jackson Street, Policy No. CL 636-049 American States Insurance Co. John Jones, 2549 Lombard Street, Policy No. CL 42092, Ohio Farm- ers Insurance Co. GENERAL LIABILITY Tri~State Paving Co., P.O. Box 116 Policy No. CGA 81572 U.S. Fidel ity and Guaranty Co. BLASTING Wiiliam L., Harold J., Walter P. and Roger V. Becker, d/b/a Wil- liam Becker & Sons Stone Co., 2685 Kaufmann Avenue, Policy No. CGA 19 108 273 Iowa Nation- al Mutuallns. Co. rd Witt, N.Y. ontinent. SIDEWALK John Luber, Bond No. 28214-13-499_ 53 Wendelin Rettenberger, d/b/a Ret- tenberger Tree & Landscape Ser- vice, Bond No. 151142, Merchants Mutual Bonding Co. John Fischer and Leona" American Surety Co. of Schiltz Construction Co., C al Casualty Co. Gentlemen: According to the authority vest- ed in the office of the City Man. ager by Section 1.7.2 of the Du- buque Heating, Ventilating, Air- Conditioning & Refrigeration Code, I have made the fallowing appoint- ments to the Board of Heating, Ventilating, Air-Conditioning and Refrigeration City Solicitor Russo announced that attorney William H. Thinnes has been appointed counsel in his son's case to be tried in police court in the near future. Mayor Schaller moved approval of the City Solicitor's action. Seconded by Councilman Takas. Carried by the fOllowing vote: To the Honorable and City Council 22nd Av- Eight term term Schaller, Council Kean, Schreiber, r- term term term term term these I request that appointments. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved confirmation of the appointments. Seconded by Councilman Kean. Carried by the following vote: One year One year William A. Giese Donald J. Kopp Homer W. Addyman Two year Richard G. Beaves Two year Clarence J. Brashaw Three year Theodore H. Glass Three year Paul F. McMahan Three year confirm you Yeas-Mayor men Horgan, Talros. NaYs-None. 1962 Mayor declared a recess in meeting at 9 :30 P.M. Council convened at 10:00 o'clock P.M. Councilman Takas moved that Bert Vogel be appointed to Du- buque's CuI t u r a 1 Development Commission to fill the unexpired three year term of Roland White and that Mr. Joe Voelker, Dick Henschel and Arthur Miller be appointed to expand the Building Code Committee. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. the Re- Schaller, Council. Kean, Schreiber, March 5, Session, RESOLUTION NO. 43-62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun~ eil; and WHEREAS, the premises to he 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, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. "8" Regular 78 CLASS BEER PERMIT Name Address Herbert E. and Emil F. Althaus, 1575 Central Avenue Sylvester A. Weiner, 201 East Street Marionette 553 Tindell Nays-None. There being no further business Mayor Schaller moved to ajourn. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. LEO Schaller, Council Kean, Schreiber Yeas-Mayor men Horgan, Takos. Av- 2222 Cen- Uni CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street F. FROMMELT City Clerk ..............................1962. City Clerk 678 Central enue Mrs. Phyllis enue Raymond B. McLaughlin, tral Avenue Mrs. Alice H. Erschen, versity Avenue Kass, 2620 962. Approved Councilmen Adopted Attest: CLASS "C" BEER PERMIT Tenenboms Super Market, Inc., 200 South Locust Street BE IT FURTHER RESOLVED that the bonds Wed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 5th day of March, 1962. LOUIS SCHALLER Mayor JOHN p. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop. tion of the resolution. Seconded by Councilman Schreiber. Carried by the foLowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. , , I I I I I I I I I i I I I I I I I I!; 1 ,; I ii, , I ~ , ~i' I } 81 slippery steps off W. 15th Street and Bluff on February 19, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Notice of claim of Mary Francois, in an un-named amount, for per- sonal injuries received in a fall On an icy sidewalk at 5th & Main Street on March 4, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takas. Carried _by the fOllowing vote: tiOD and report. Seconded by Coun- cilman Takas. Carried by the fol- lowing vote: Yeas-Mayor men Horgan, Takas. Nays-None. Notice of claim of Melvin L. Coyle, in the amount of $16.81, for car damage incurred as the result of same being struck by a grader blade at the corner of Alpine and Reeder street on March 6, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Schreiber, Takos Nays--None. 1962 Schaller, Council- Kean, Schreiber, 1962 19, Session, March Schaller, Council Kean, Schreiber Schaller, Council- Kean, Schreiber, Yeas-Mayor men Horgan, Takos. ~ Hon. Mayor City Hall Gentlemen: On February 16, 1962 there was filed the petition of Wilson Conlan asking the Council to reconsider the opening of the alley and im- provement thereof which alley runs north and south between Delaware St. and Green St. in the City of Dubuque, Iowa. March 19, & City Council The petition hereinabove refer- red to was referred to this office and 1 beg to advise that 1 have reviewed the pertinent legal au- thorities and find no legal impedi- ment to the opening of said alley in accordance with the terms and provisions of the petition of Wilson Conlan. 1 further find that should the Council consider vacation of said alley that in all likelihood the said Wilson Conlan would contest the same and would in all likelihood seek damages for denial of access to his property in event said alley were vacated, which would result in a fact question ultimately to be determined by a judge or a jury. 1 further find that no abutting property owner abutting said alley has made such improvements there- ,-~ Special Notice of claim of Mrs. Viola McDonald, in an unknown amount, for personal injuries received while alighting from a bus on the northeast corner of 16th and Elm Street on March 1, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Takas. Carried by the following vote. Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Nays-None. Notice of claim of Mrs. David Kluesner, in an un-named amount, for personal injuries received in a fall at 9th Street between Main street and the alley on an ice covered walk on March 7, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Mrs. Kenneth (Iola) Lehnhardt, in an unknown amont, for personal injuries re- ceived in a fall on the snow packed Special Session, March 19, 1962 Councilman Schreiber moved that the Notice be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Communication of Charlotte M. McInerney expressing interest in the purchase of Lot 9 of Quigley'S Sub. of O. L. 711, located on Pierce street, presented and read. Council- man Schreiber moved that the com- munication be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. 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 February 1962, pre- sented and read. Councilman Kean moved that the proof of publica- tion be received and filed. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Vincent A. Conrad in the amount of $112.03 for car damage incurred while driving his car on Valeria Street by striking a hole in the street on February 4, 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Notice of claim of William A. Schlueter, in an un-named amount, for personal injuries received in a fall on an ice covered sidewalk at 245 Julien Dubuque Drive on March 12. 1962, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investiga- Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takas moved that the bonds and policies be filed sub. ject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: 80 HEATING H. Wolter, d/b/a Wolter Fornace Work, American Surety Co. of N.Y. Communication of the Anchor Casualty Company advising of the termination of the blasting bond of the Tri-State Paving Co. (formerly Schueller Black Top Co.) presented and read. Councilman Takos moved that termination of the bond be ap- proved and the Clerk be instructed to advise the insurance company. Seconded by Councilman Schrei- ber. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Schaller, Council- Kean, Schreiber, Yeas--Mayor men Horgan, Takos. Nays...;;.....None. Schaller, Council- Kean, Schreiber, 1962 CERTlFlED MAlL To The Mayor City of Dubuque Dubuque, Iowa You are hereby notified that UD- der the provisions of the Govern- ment Lease described below, the United States of America elects to renew said lease as the same may have been amended, and by these presents does renew, extend, and adopt the said lease and all th~ terms, conditions, and general pro- visions thereof for the period be- ginning 1 July 1962 and ending 30 June 1963. Lease NOy (R)-40838 with the City of Dubuque, Iowa, Lessor, dated 1/1/47, covering use of a 0.85 acre site, Ham's Addition, Du- buque, Iowa, for a U.S. Naval Re- serve Training Center. United States of America R. C. Jaquess, CDR, CEC, USN For Chief BUreau of Yards and Docks. NOTICE OF RENEWAL OF GOVERNMENT LEASE March 5, 83 so as to change the herein de. scribed area from Single Family Residence District Classification to Local Busines3 District "B" clas- sification, said Ordinance having been previously presented and read, at the Council meeting of February 19, 1962, presented for Final Adoption. ORDINANCE NO. 14-62 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein de- scribed area from Single Family Residence District Classification to Local Business District "B' Classi- fication. Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section L That the Zoning Map of the City of Dubuque, as pro- vided by Ordinance No. 3-34, desig- nated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Single Family Residence District Classification to Lac a I Business District "B" Classifica- tion the property described as fol- lows: Lots 4, 5, 6, 7 and 8 of Burkarts Subdivision and including all of that property encompassed by the follOWing mete:> and bounds de- scription: Commencing at the Southeast Corner of Lot 8 in Burkart Sub- division in the city of Dubuque, Iowa. Thence North P 15' East a distance of 125 feet, Thence South 820 45' East a dis- tance of 55 feet, Thence South 70 15' West a dis- tance of 20 feet, Thence South 820 45' East a dis- tance of 245 feet, Thence South 70 15' West a dis- tance of 950 feet, Thence North 820 45' West a distance of 486.85 feet, Thence North 00 4272' East along the Section Line between Sec- tions 26 and 27, Township 89 North, Range 2 East of 5th Principal Me- :ddian a distance of 674.40 feet, Thence North 820 45' West a distance of 486.30 feet, Thence North 70 15 East a dis- tance of 175 feet, Thence South 820 45' East a dis- tance of 300 feet, Thence North 7" 15' East a dis- tance of 125 feet, Thence South 82" 45' East a dis- tance of 50 feet, Thence South 70 15' West a dis- tance of 125 feet, Thence South 820 45' East a dis- tance of 400 feet to the place of COlnmencement. Section 2. ThIs Ordinance shall be in full force and effed from and after its final passage, adop. tion and publication as by law provided. Introduced the 19th day of Feb- ruary, 1962. Rule requiring reading on three separate days suspended by unani- mous vote the 19th day of Febru- ary, 1962. 1962 19, March Session, ness District "B" classification, the property described as follows: Lots 1 and 2 of Kelly-Byrne Place, in the City of Dubuque, Dubuque County, fowa. Section 2. This Ordinance shall be in full t'orce and effect from and after its final passage, adop- Lon and publication as by law provided. Introduced the 19th day of Feb- ruary, 1962. Rule requiring reading on three separate day!; suspended by unani- mous vote the 19th day of Febru- ary, 1962. Passed by recorded roll call vote, adopted and approved this 19th day of March, 1962. Louis Schaller ~\lA YOR Juhn P. Schreiber Peter J. Takas James J. Kean Robert J. Horg-an COUNCILMEN ATTEST: Leo F. Frommelt CITY CLERK Published officially in the Tele. gral_h-Herald newspaper thIs 22nd day of March, 1962. Leo F. Frommelt City Clerk Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Takas. Car- ried by the fOllowing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays--None. ~ Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ing Zoning Ordinance No. 3-34 by Changing from its present Single Family Residence District Classifi- cation to Local Business District HB" classification Lots 4, 5, 6, 7 & 8 of Burkarts Subdivision, presented and read. No written objections were filed and no Qbjectors were present in the Council Chamber at the time set for the pUblic hearing. r ~-------- Special 3/22 It. Mayor Schaller moved that the proof of pUblication be received and filed. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas--Mayor men Horgan, Takos. Nays-None. Schaller, Council- Kean, Schreiber, ORDINANCE NO. 14-62 An Ordinance amending the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, Schaller, Council- Kean, Schreiber, Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider rezon. ing of Lots 1 & 2 Kelly Byrne Subdivision from Local Business District "A" to Local Business Dis. trict HB" classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Takas moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor men Horgan, Takos. Nays--None. Schaller, Council- Kean, Schreiber, ORDINANCE NO. 13-62 An Ordinance Amending the Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein described area from Local Business District "A" classifi- cation to Local Business District "B" classification, said Ordinance having been previously presented and read at the Council meeting of February 19, 1962, presented for Final Adoption. ORDINANCE NO. 13-62 An ORDINANCE Amending- the Zoning Map and Zoning Ordi- nance of the City of Dubuque, Iowa, as {jrovided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein described area from Lo- cal Business District "A" Clas- sification to Local Business DIs_ trIct "E" Classification. BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That the ZonIng Map of the City of Dubuque, as provid. ed by Ordinance No. 3-34, desig- nated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Local Business D;strict "A" classification to Local Busl- 1962 on an icy sidewalk at 1038 Bluff Street on March 13, 1962, present- ed and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas--Mayor men Horgan, Takos, Nays-None. Mr. James Adams, an attorney representing Mr. Wilson Conlan relative to opening of the alley running north and south between Delaware and Green Streets ad- dressed the Council by stating that the abutting property has not created sufficient right to restrain from opening the alley. He further stated that in his opinion Mr. Alt- haus, the abutter mostly affected, will have a water problem if the situation is not corrected. Notice of claim of Richard V onk, in the amiunt of $20. for car dam- age incurred as the result of strik. ing a cave-in in the street on Pierce street at Quigley Lane on March 18, 1962, presented and read. Coun- cilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, Notice of claim of Mary Kauz- lick, in the amount of $36.00, for personal injuries received in a fall + Session, March 19, Councilman Schreiber moved that the alley be opened and the matter be opened and the matter referred to the City Manager and City Solicitor for execution of a contract on behalf of the City by the City Manager and Mr. Conlan. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber. Nays-Councilman Takos. Councilman Schreiber moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays--None, men Takos. Nays--None. I I I I ! is Respectfully submitted, R. N. RUSSO, City Attorney City from open and Conlan Special on as would estop the exercising its right to improve said alley. Petition of Walter attached. 82 85 presented and read. Councilman Takos moved that the petition be granted subject to the approval of the City Manager and Engineering Department. Seconded by Mayor Schaller. Carried by the following vote: men Takos. Nays-None. ~ Petition of Jack C. Jones request- ing permission to excavate in the streets and alleys of the City, pre- sented and read. Councilman Schreiber moved that the petition be granted. Seconded by Council- man Kean. Carried by the following vote Petition of Merl Goerdt Excavat- ing requesting permission to ex- cavate in the streets and alleys of the City, presented and read. Coun- cilman Schreiber moved that the petition be granted. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Schaller, Council Kean, Schreiber RESOLUTION NO. 44-62 Preliminary Estimate for City of DUbuque 1962 Grading Project No. 1. North Grandview Avenue Exten- sion from the north property line of Kane Street to the south proper- ty line of 32nd Street, at an esti- mated cost of $56,178.37, presented and read, Councilman Kean moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan. Kean, Schreiber, Takos. Schaller, Council Kean, Schreiber. {Necessity for Improvement RESOLUTION NO. 45-62 WHEREAS, proposed plans, spec- ifications, form of contract, and plat have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Schaller, Council- Kean, Schreiber, Special Session, March 19, 1962 Yeas-Mayor Horgan, Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, SChreiber. Takos. Nays-None. Petition of Lange's Insurance Agency requesting cancellation of the following cigarette license bonds issued to My-Cap Vendors Inc. for The Beverage House (Henry Schmidt), Dubuque Marina (George Weber), The Wheel (Bob Kammerude), Kay's Bakery & Cafe (Mrs. Catherine Lester), Beidler's Mobilgas Station (Robert Beidler), Lorrie's Tap (Lorraine Hentges), AJ's Tap (E. A. Morell, presented and read. Councilman Kean moved that the bonds be released. Sec- onded by Councilman Shreiber, Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Petition of Holy Trinity Lutheran Church requesting permission to extend the public sewer from Uni- versity Avenue east about 216 feet, Yeas-Mayor Horgan, men Takos_ Nays-None. Nays-None. Nays-None, Petition of Lange's Insurance Agency requesting cancellation of the cigarette license bond issued to My-Cap Vendors Inc. (Thomp- son Tavern account), presented and read. Councilman Kean moved that the bond be released, Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Paul R. Banks re- questing re-zoning of Lots 305 and 306 Davis Farm Addn. from Class "AU to Class "B" District Classifi- cation, presented and read. Coun- cilman Schreiber moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. ,- Section 1. That the ZonIng Map and Zoning Ordinance of the City of Dubuque be, and the same Is hereby amended and changed so as to Include all of the area an- nexed to the City pursuant to Resolution No. 18~62 adopted 5th day of February, 1962, which area Is described as fonows: Lots 1 and 2, Block 1 in Plaza "20" in the City and County of DUbUque, Iowa; Lot 1 and Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George J ecklln Farm, in the County of DubUque, Iowa. Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, in Dubuque County, Iowa, and partly in the City of Dubuque, Iowa. Section 2. That all of said area, except the portion described in Section 3 hereof, is hereby clas- sified and designated "Single Fam- ily Residence District Classifica- tion." Section 3. That the following area described and encompassed by the metes and bounds descrip- tion Is hereby classified and des- Ignated "Local Business District 'B' .. Classification: Commencing at the South- east Corner of Lot 8 in Burkart Subdivision in the City of Du- buque, Iowa, thence North 820 4./)' West a distance of 283.77 feet, thence South 00 42"h' West along Section Line be- tween Sections 26 and 27 Township 89 North, Range 2 East of 5th Principal Meridian a distance of 176.15 feet to the place of beginning, thence South 00 42,%' West along said Section Line a distance of 674.40 feet, thence North 820 45' West a distance of 208.15 feet, thence South 70 10' West a distance of 2-5() feet, thence North 820 45' West a distance of 4-55 feet, thence North 70 15' East a distance of 600 feet, thence North 260 26' West a distance of ]80.26 feet, thence North 70 Hi' East a distance of 145 feet, thence South 820 45' East a distance of 200 feet, thence North 7" 15' East a distance of 25 feet, thence South 820 45' East a distance of 486.30 feet to the place of beginning. Section 4. This Ordinance shall be in full force and effect from and after Its final passage, adop- tion and pubHcation as by law pro- vided. Introduced the 19th day of Feb- ruary, 1962. Rule requiring reading on three separate days suspended by unanI_ mous vote the 19th day of Febru- ary, 1962. Passed by recorded roll call vote, adopted and approved this 19th day of March, 1962. Louis SchaUer MAYOR John P. Schreiber Peter J. Takos James J. Kean Robert J. Horgan COUNCILMEN ATTEST: Leo F. Frommelt CITY CLERK Published officially In the Tele- graph-Herald newspaper this 22nd day of March, 1962. Leo F. Frommelt City Clerk Session, March 19, 1962 Passed by recorded roll call vote, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN CouncUmen the Tele- this 22nd It. 3/22 1 t. 3-22 Mayor Schaner moved the adop- tiin of the Ordinance. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, ()f Notice of pub- lic hearing to consider amending the Zoning Ordinance so as to pro- vide Zoning Classification for the area recently annexed as per reso- lution No. 18-62 being lots in Plaza 20 and Jecklin Farm to Local Busi- ness District "B" and Single Fam- ily classification, presented and read. No written Objections were filed and no objectors were pres- ent in the Council Chamber at the time set for the publiC hearing. Councilman Schreiber moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. ORDINANCE NO. 15-62 An Ordinance amending and changing the Zoning Map of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to provide Zoning Classification for the area recently annexed to the City, said Ordin- ance having been previously pre- sented and read at the Council meeting of February 19, 1962, pre- sented for Final adoption. ORDINANCE NO. 15-62 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as prov'd- ed by Ordinance No. 3-34, Desig- nated "Zoning Ordinance of the City of Dubuque" so as to provide Zoning Classification for the area recently annexed to the City. Be It Ordained by the City Coun_ en of the City ot Dllb'\.Jque; , > Attest Leo F. Frommelt City Clerk Published officially in graph-Herald newspaper day of March 1962. Leo F. Frommelt City Clerk Special 84 . 87 RESOLUTION NO. 48-62 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all other documents for the ,proposed construction of City of Dubuque 1962 Concrete Curb & Gutter Pro- ject No. I on the following portions of the following named streets: 1. 2. Primrose Street from the South property line of Davenport Street to the North property line of Muscatine Street. ~ 3. Cottage Place from the east property line of Abbot Street to the East end of the Street. 4. McClain Street from the South property line of Wooten to the North property line of Bonson Street. 5. Rockdale Road from the South property line of Grandview Av- enue to the South corporation line. 6. North Grandview Avenue-West fork from the South property line of Kaufmann Avenue South- erly 800 feet to the existing curh & gutter. 7. Shiras Avenue from the South property line of Lot 1 of Lot 2 of Cota Sub. to the City Limits. 8. Alpha Avenue from the South property line of Pennslyvania A venue to the North property line of lllinois Avenue. 9. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter. 10. St. Joseph Street from the east property line of Collins Street to the West property line of Gon- dolfo Street. 11. Prysi Street from the South property line of University Av- enue to the North property line of New Haven Street. 12. Cummins Street from the South property line of Loras Boulevard to the North property line of Block 2 of Hamblin'. Sub. Davenport Street from West property line of National Street to existing rock curb 95 feet South of the South property line of Primrose Street. 1962 19, Session, March conded by Councilman Takos. Car- ried by the fOllowing vote: Yeas-Mayor Schaller, Council men H 0 r g ~ n, Kean, Schreiber Takos. Nays-None. 1962 February, To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached Sheets No. 1 to 16 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1962 Concrete Curb and Gutter Project No. 1. Submitted March 19, 1962. JOHN L. WHITE City Engineer Councilman Schreiber moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the follOWing vote: Yeas-Mayor Schaller, Council- men H 0 r g a n, Kean, Schreiber, Takos. Nays-None. RESOLUTION NO. 47-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 16 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of DUbuque 1962 Concrete Curb and Gutter Project NO.1 and the valuations set out therein are hereby approved. Adopted this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Special FROMMELT City Clerk Attest: BE IT THEREFORE RESOLVED that on the 16th day of April 1962, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make Objections to the pro. posed plans and specifications and proposed form of contract, to the cost of the improvement, and to the passage of the proposed Reso~ lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub. lished in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration, at which hearing the Council will hear such objections and enter on record its final de. cision thereon. Councilman Schreiber moved the adoption of the resolution. Se. 1962 (Fixing date of hearing) RESOLUTION NO. 46-62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 44-62 given its pre. liminary approval on the proposed plans specifications and form of contract and placed same on file in the offices of the City Clerk for public inspection, for the City of Dubuque 1962 Grading Project No.1, North Grandview Avenue Extension from the north property line of Kane Street to the South property line of 32nd Street. and. WHEREAS, the proposed Reso- lution of Necessity .for said im. provement has been introduced and is now on file in the City Clerk's office for public inspection, Passed. adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER JAMES J. KEAN PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. City of Dubuque 1962 Grading Project No. 1 North Grandview Avenue Ex- tension from the north property line of Kane Street to the south property line of 32nd Street. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned im- provement. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and arc now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Street Road Use Tax Funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the approval of the resolution. Sec. onded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays-None. I Snecial Session, March 19, 86 LEO F. FROMMELT City Clerk ~ ~~-~._-~~..-=-=---"---...,.~=~ I ~ I I I I~ ~ ~ ~ ~ I 1 ~ ~ 11 r ( ~ Ii II' , I W ~ ~ I~ 11 ,~ 'I rn " 89 Councilman Kean moved the ap- proval of the resolution. Seconded by Councilman Horgan. Carried by the foHawing vote: Yeas-Mayor men Horgan, Takas. Nays-None. Schaller, Council Kean, Schreiber. (Fixing date of hearing) RESOLUTION NO. 50-62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 48-62 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Concrete Curb & Gutter Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT TIIEREFORE RESOLVED that on the 16th day of April, 1962, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of DUbuque at which time the owners of prO-perty sUbject to assessment for the pro.. posed impravement may appear and make abjectian to. the pro- posed plans and specificatians and proposed form of contract and at the same time to the boundaries of the proposed district, to. the cost of the improvement. to the amaunt proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to. caUse a notice af the time and place af Such hearing to. be PUblished in same newspaper in the City of Du. buque, the last of which shan be not less than two. (2) nar mare than faur (4) weeks priar to. the day fixed for its cansideratian and unless praperty awners at the time af final consideration of said resa~ lution have On file with the Clerk Objections to the amount of the proposed assessment, they shall have been deemed to have waived all objectians thereto, at which hearing the Council will hear such objectians and enter on record its final decision therean. 1962 19, Session, March Street to the North property line of Lot 1 of Lot 9 of Block 5 of Scenic View Heights. BE IT THEREFORE RESOLVED that the City Council on its own motion upon petition of property owners. deems it advisable and necessary for the public welfare to make the herein mentioned im~ pravement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk Objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accardance with the plans and specifications which have been prepared there~ for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac~ cording to area and in proportion to the special benefits conferrrd thereby, and any deficiency shall be paid out of the street fund, bonds shall be issued and sold in anticipation of deferred payments af assessments when a cantract has been performed and accepted 'lnrl the praceeds thereof used to. pay the contractor. The railway portion af any street or assessment dis. trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed an file for final actian. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN, Cauncilmen LEO F. FROMMELT, City Clerk Special Attest: 88 Special Session, March 19, 1962 - 13. Samuel Street from the South South of the South Property praperty line of St. Gearge Sub. line af Primrase Street. to the North property line of 2. Primrase Street fram the South Sauthern Avenue. 14. Carter Road from the North praperty line af Davenpart street to the North property line of property line of Kane street to Muscatine Street. the South property line of Lot 1 3. Cottage Place from the East of Lot 1 of Lot 2 of Lot 1 of Highland Farm Sub. property line of Abbot Street to the East end of the Street. 15. Northview Drive fram the North property line of Kane 4. McClain Street from the South Street to the North property line property line of W aoten to the of Lot 1 of Lot 9 of Block 5 N arth property line of Bonson of Scenic View Heights. Street. at an estimated cost of $84,752.95, 5. Rockdale Road from the South presented and read. praperty line af Grandview Av- Councilman Kean maved the enue to the South carporation line. adoption af the resolution. Sec~ 6. North Grandview Avenue-West onded by Mayor Schaller. Carried by the following vote: fork from the South property Yeas-Mayor Schaller, Council- line of Kaufmann Avenue south- men Hargan, Kean, Schreiber, erly 800 feet to the existing Takos. curb and gutter. Nays-None. 7. Shiras A venue from the South property line of Lot 1 of Lot 2 (Necessity for Imprevement) of Cota Sub. to the City Limits. RESOLUTION NO. 49-62 8. Alpha Avenue from the South WHEREAS, propased plans, spec- praperty line of Pennsylvania ifications, form af contract, plat Avenue to the North property and schedule have been duly pre- line af nlinois Avenue. pared and approved by the City 9. Lindale Street from the West Council of the City of Dubuque praperty line of Carter Road and are now on file in the office of westerly to. the existing curb and the City Clerk showing amang other things the following: gutter. 1. The assessment limits of each 10. St. Joseph Street from the East street to be improved. property line of Collins Street to the West property line of Gon- 2. The streets to. be improved. dolfo Street. 3. The width af such improve- 11. Prysi Street from the South ment. property line of University Av- 4. Each lot proposed to be enue to the North property line of New Haven Street. assessed together with a valuatian 12. Cummins Street fram the South fixed by the council. praperty line of Loras Boulevard 5. An estimate of the cost of to the North property line of the proposed impravement, stating Block 2 of Hamblin's Sub. the same far each different type 13. Samuel Street from the South of constructian and kind of mater- ial to be used. property line of St. George Sub. to the North property line of 6. In each case the amount Sauthern Avenue. thereaf which is estimated to. be 14. Carter Road from the North assessed against each lot, far the property line of Kane Street to City of Dubuque 1962 Concrete the South property line of Lot 1 Curb & Gutter Project No. 1. of Lot 1 of Lot 2 of Lot 1 of 1. Davenpart Street fram West Highland Farm Sub. property line of National Street 15. Northview Drive from the to existing rock curb 95 feet North property line of Kane I I . 1- :i I ~ 91 from the south south property of West 16th 19. Catherine Street from the south property line of West 17th Street to the north property line of West 16th Street. 5. Irving Street from the south property line of Decorah Street to the north property line of University Avenue. 20. Prysi Street from the south property line of University A venue to the south property line of New Haven Street. 21. Shelby Street from the north property line of Clarke Drive to the north end of the street. 22. Cummins Street from the south property line of Loras Boule- vard to the north property line of Block 2 of Hamblin Sub. 23. St. Joseph Street from the east property line of Collins Street to the west property line of S. Algona Street. 24. Balke Street from the north property line of Link Street to the south property line of Groveland Place. 25. Rush Street from the east prop- erty line of Bryant Street to the west property 1 i n e of Villa Street. 26. Cannon Street from the west property line of Mt. Carmel Road to the east property line of Laurel Street. ~ 27. Laurel Street from the north property Ii n e of Grandview A venue to the north end of the street. 28. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. 29. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. 30. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter at the east property line of Lot 1 of 2 of 30 High- land Park Road. 31. McClain Street from the south property line of Wooten Street to the north property line of Bonson Street. at an estimated cost of $207,972.26, presented and read. 1962 Cornell Street Street to the property line line of May Place. 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 7. Davenport Street from the north property line of West 28th Street to the south proper- ty line of National Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 9. Sabula Street from the south property line of Davenport Street to the north property line of Muscatine Street. 10. Lowell Street from the east property line of Harold Street to the west property line of Ab- bott Street. 11. Van Buren Street from the west property line of University to the west property line of Drexel AVenue. 12. Brown A venue from the west property line of University to the south property line of Van Buren Street. 13. Beverly Street from the south property line of Van Buren Street to the west end of the street. 14. McPoland Avenue fro m the north property I i n e of Van Buren Street to the south prop- erty line of Pennsylvania Ave- nue. 15. Nebraska Avenue fro m the east property line of McPoland A venUe to the north property line of Van Buren Street. 16. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights. 17. Douglas Street from the east property line of Walsh Street to the west property line of College Street. r 19, Session, March 18. 4. Adair Street from the north property line of Loras Boule- vard to the south property line of Rosedale Avenue. lIi"-- I. Special Councilman Schreiber moved the communication be received and made a matter of record. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor. men Horgan, Takos. Nays-None. RESOLUTION NO. 51-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Seclion 1. That the attached sheets No. 1 to 48 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1962 Bitumin- ous Concrete Surfacing Project No. 1, and the valuations set out there- in are hereby approved. Adopted this 19th day of March, 1962. Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, CounciJ. men Horgan, Kean, Schreiber, Takas. Nays-None. Passed, adopted and approved this 19th day of March, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk 1962 Session, March 19, Special 90 Schaller, Council Kean, Schreiber, LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Attest: Attest: Councilman Kean moved the adoption of the resolution. Second- ed by Councilman HQrgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. February, 1962 To the Honorable Mayor and Members of the City Council Gentlemen: I herewith submit the attached sheet showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1962 Concrete Curb and Gutter Project No.2, being an unnamed street between Lots 2 of 36 and 37 and 39 of Grandview Heights from the W.P.L. of Victoria Street to E.P.L. of Lot 1-1 of Faldorf Place. Submitted March 19, 1962. JOHN L. WHITE, City Engineer RESOLUTION NO. 52-62 Preliminary 'Estimate and ap- proval of proposed plans, specifica- tions, form on contract, plat and all other documents for the construc- tion of the CITY OF DUBUQUE 1962 BITUMINOUS CONCRETE PAVING PROJECT NO.1, on the following portions of the follow- ing named streets; 1. Caledonia Street from the west property line of Hill Street to the south property line of West 8th Street. 2. West Fifth Street from the east property line of Hill Street to the west property line of Gil- more Street. 3. AUa Place from the north pro", erty line of Delaware Street to the south property line of Green Street. Councilman Schreiber moved that the City of Dubuque 1962 Curb & Gutter Project No. 2 be postponed until legal status of this street is made. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. To the Honorable and City Council Gentlemen: 1 herewith submit the attached sheets No. 1 to 48 inclusive show- ing a schedule of the proposed val- uations and assessments for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No.1. Submitted Mareh 19, 1962. JOHN L. WHITE, City Engineer 1962 February, Mayor , > 93 owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shaU be con- structed and done in accordance with the plans and specifications which have been prepared there.. for by the City Engineer wWch have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- trey lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. Session, March 19, 1962 20. Prysi Street from the south property line of University A venue to the south property line of New Haven Street. 21. Shelby Street from the north property line of Clarke Drive to the north end of the street. Cummins Street from the south property line of Loras Boule- vard to the north property line of Block 2 of Hamblin Sub. 22. 23. St. Joseph Street from the east property line of ColIins Street to the west property line of S. AIgona Street. 24. Balke Street from the north property line of Link Street to the south property line of Groveland Place. 25. Rush Street from the east prop- erty line of Bryant Street to the west property I i n e of Villa Street. 26. Cannon Street from the west property line of Mt. Carmel Road to the east property line of Laurel Street. 27. Laurel Street from the north property I i n e of Grandview Avenue to the north end of the street. 28. Shiras Avenue from the south property line of Lot 1 of Lot 2 of Cota Subdivision to the City Limits. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. file for 29. Samuel Street from the south property line of St. George Sub. to the north property line of Southern Avenue. Special Session, March 19, 1962 6. Primrose Street from the south property line of Davenport Street to the north property line of Muscatine Street. 7. Davenport Street from the north property line of West 28th Street to the south property line of National Street. 8. Cottage Place from the east property line of Abbott Street to the east end of the street. 9. Sabula Street from the south property line of Davenport Street to the north property line of Muscatine Street. LoweU Street from the east property line of Harold Street to the west property line of Abbott Street. 10. (Necessity for Improvement) RESOLUTION NO. 53-62 WHEREAS, proposed plans, speci- fications, form of contract. plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the foUowing: 11. Van Buren Street from the west property line of University to the west property line of Drexel Avenue. 1. The Assessment Limits of each street to be improved. 2. The Streets to be improved. 3. The width of such improve- ment. 12. Brown Avenue from the west property line of University to Van Buren Street. 13. Beverly Street from the south property line of Van Buren Street to the west end of the street. 14. McPoland Avenue fro m the north property I i n e of Van Buren Street to the south prop- erty line of Pennsylvania Ave- nue. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 1. 15. N ebraska Avenue fro m the east property line of McPoland Avenue to the north property line of Van Buren Street. 1. Caledonia Street from the west property line of HiU Street to the south property line of West 8th Street. Approved and placed on final action. Approved: LOUIS SCHALLER Mayor JOHN P. SCHREmER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk 30. Lindale Street from the west property line of Carter Road westerly to the existing curb and gutter at the east property line of Lot 1 of 2 of 30 High- land Park Road. McClain Street from the south property line of Wooten Street to the north property line of Bonson Street. 31. Attest: ~ Councilman Kean moved the ap- proval of the resolution. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays-None. 18. CorneU Street from the south property line of West 16th Street to the south property line of May Place. 4. Adair Street from the north property line of Loras Boule- vard to the south property line of Rosedale Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property r Special Councilman Kean moved the adoption of the resolution. Se- .conded by Councilman Horgan. Carried by the following vote: Yeas--Mayor Schaller, Council- men Horgan, K e a n, Schreiber. Takos. Nays-None. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different tpye of construction and kind of material to be used. Mineral Street from the west property line of McCormick Street to the west property line of Lot 1 of Block 12 of Steger Heights. 17. Douglas Street from the east property line of Walsh Street to the west property line of CoUege Street. 19. Catherine Street from the south property line of West 17th Street to the north property line of West 16th Street. Irving Street from the south property line of Decorah street to the north property line of University Avenue. , > 92 16. West Fifth Street from the east property line of HilI Street to the west property line of Gilmore Street. 3. AIta Place from the north prop- erty line of Delaware Street to the south property line of Green Street. 5. 2. 95 northerly to the south property line of Lot 1 of 1 of 2 of 1 of Highland Farm. 5. Northview from the north prop- erty line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. Section 1. Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Addi- tion. 2. Grandview Avenue _ east fork from the south property line of Kaufmann A venue to a point 480 feet south. presented and read. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. The streets to width of improved. improve- 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. ~ 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there~ of which is estimated to be as.- sessed against each lot, for the City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. Sections 1 & 11. ,-- Session, March 19, 1962 RESOLUTION NO. 55-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Seelion 1. That the attached sheets No. 1 to 9 inclusive are hereby determiped to be the sched- ule of proposed assessments for the City of DUbuque 1962 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. l-Sections I and II, and the valuations set out therein are hereby approved. Adopted this 19th day of March, 1962. RESOLUTION NO. 56-62 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the construction of CITY OF DUBUQUE 1962 HOT MIX-HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO.1, SECTIONS 1 & 11 at an estimated cost of $131,235.41, on the follow- ing portions of the following named streets: Special Schaller, Council Kean, Schreiber (Necessity for Improvement' RESOLUTION NO. 57-62 be such 2. Grandview Avenue-west fork from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Second Street from the west property line of Iowa Street to the east property line of Locust Street. from the north of Kane Street 4. Carter Road property line LOUIS SCHALLER Mayor JOHN P. SCHREillER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Attest: 2. 3. The ment. Session, March 19, 1962 LEO F. FROMMELT, City Clerk Councilman Kean moved the adoption of the resolution. Second~ ed by Councilman Horgan. Carried by the following vote: Section 1. Kaufmann Avenue from the west property line of Lot 154 of L. H. Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. Yeas--Mayor Schaller, Council men Horgan, K e a n, Schreiber Takos. Nays-None. To the Honorable and City Council Gentlemen: I herewith submit the attached sheet showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1962 Bituminous Concrete Surfacing Project NO.2 on an unnamed street between Lots 2 of 36 and 37 and 39 of Grandview Heights from the W. P. L. of Victoria Street to the E. P. L. of Lot 1-1 of Faldorf Place. Submitted March 19, 1962. JOHN L. WHITE, City Engineer Yeas--Mayor Schaller, Council men Horgan, K e a n, Schreiber, Takos. Nays-None. To the Honorable and City Council Gentlemen: I herewith submit the attached Sheets No.1 to 9 inclusive showing a schedule of the proposed valua~ tions and assessments for the City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Pro. ject No. I-Sections I and D. Submitted March 19, 1962. JOHN L. WHITE, City Engineer 1962 February, Mayor Mayor Schaller moved that the City of Dubuque 1962 Bituminous Concrete Surfacing Project No. 2 be posponed until the legal status of this street is made. Seconded by Councilman Schreiber. Carried by the following vote: 1962 February, Mayor Mayor Schaller moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays--None. WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty SUbject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless proper~ ty owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed as~ sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 19th day of March, 1962_ LOUIS SCHALLER Mayor JOHN P. SCHREillER PETER J. TAKOS JAMESJ. KEAN ROBERT J. HORGAN Councilmen (Fixing date of hearing) RESOLUTION NO. 54-62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 52-62 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1982 Bituminous Con- crete Surfacing Project NO.1 and, Attest: Soecial 94 I ! 97 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 7 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1962 Concrete Paving and Integral Curb P!'ojctt No. 1. Submitted March JOHN L. 19, 1962. WHITE, City Engineer Mayor Schaller moved that the communication be received and made a matter of record. Second~ ed by Councilman Schreiber. Car~ ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. RESOLUTION NO. 59-62 BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 7 inclusive are hereby determined to be the sched- ule of proposed assessments for th City of Dubuque 1962 Coucrete Paving with Integral Curb ProjPct No.1, and the valuations set O:Jt herein are hereby approved. Adopted this 19th day of March, 1962. Special Session, March 19, 1962 WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for pUblic inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a public heariug will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundar- ies of the proposed district, to the cost of the ,improvement, to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and he is hereby direct- ed to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more thau (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived ail objections thereto, at which hear- ing the Council will hear su~h objections and enter on record its final decision thereon. SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk LOUIS Attest: approved 1962. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote Yeas-Mayor men Horgan, Takas. Nays-None. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Passed, adopted and this 19th day of March, ~ Schaller, Council Kean, Schreiber RESOLUTION NO. 60-62 Preliminary estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for City of Dubuque 1962 Concrete Paving with Integral LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas--Mayor men Horgan, Takas. Nays-None. , Schaller, Council Kean, Schreiber Attest: Session, March 19, 1962 be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Mayor Schaller moved the ap- proval of the resolution. Seconded by Councilman Schreiber. Carried by the followiug vote: Schaller, Council- Kean, Schreiber, (Fixing date of hearing) RESOLUTION NO. 58-62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 56-62 given its preliminary approval on the prQ-o posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, Sections 1 and II and, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im~ provement, and unless property owners at the time of the final con- sideration of the proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all Objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will , 4. Carier Road from the north property line of Kane Street northerly to the south property line of Lot 1 of 1 of 2 of lligh- land Farm. 5. Northview from the north prop- erty line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. Approved: LOUIS Attest: Yeas-Mayor men Horgan, Takas. Nays-None. I I I I i Special Section 1. 1. Kaufmann Avenue from the west property liue of Lot 154 of L. H. Langworthy's Addition to a point 13 feet east of the west property line of Weidenbacher Sub. 2. Grandview Avenue-west fork from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Second Street from the west property line of Iowa Street to the east property line of Locust Street. 96 Section Kaufmann Avenue from the west property line of Central Avenue to the west property line of Lot 154 of L. H. Langworthy's Addition. 2. Grandview Avenue east fork from the south property line of Kaufmann Avenue to a point 480 feet south. 1. 99 lished in the City of Dubuque, the last of which shaU be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Session, March 19, 1962 Special Approved: LOUIS JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk SCHALLER Mayor Passed, adopted and approved this 19th day of March, 1962. LOUIS Attest: Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreibf.'r, Takas. Nays-None. Nays-None. (Fixing date of RESOLUTION NO. SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk James Street from the S.P.L. of Third Street to the N.P.L. of Wooten Street at an estimated cost of $103,547.90, presented and read. 3. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the Attest: Councilman Kean moved the ap- proval of the resolution. Seconded by Mayor ScbaUer. Carried by the following vote: Schaller, Council- Kean, Schreiber, Yeas-Mayor men Horgan, Takos. hearing) 62-62 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 62-62 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1962 Concrete Paving with Integral Curb, Project No. 1 and, 19, 1962 Fourth Street from the W.P.L. of White Street to the E.P.L. of Bluff Street. the S.P L. the N.P.L. James Street from of Third Street to of Wooten Street. 3. Fourteenth Street and Loras Boulevard from W.P.L. of WhIte Street to the W.P.L. of Locust Street. 1. the W.P.L. the E.P.L. 2. Fourth Street from of White Street to of Bluff Street. City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all Objections thereto. Councilman Kean moved the adoption of the resolution. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. ~ RESOLUTION NO. 63-62 BE IT RESOLVED by the City Council of the City of DUbuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. William M. Street. Main BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. approved -962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen FROMMELT City Clerk 129 Passed, adopted and this 19th day of March, Session, March 2. Curb Project No. 1 for improving the following portions of the fol- lowing named streets: Kunz, LEO F. Attest: ..------ Special 98 WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerks's office for public inspection, BE IT THEREFORE RESOLVED that on the 16th day of April, 1962, a publiC hearing will be held at 7:30 o'clock P. M. in the Coun- cil Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may ap. pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper puf>.. shall be con- done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by th City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any defiCiency shall be paid out of the Road Use fund. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. Said improvement structed and (Necessity for Improvement) RESOLUTION NO. 61-62 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of March, 1962. Approved and placed on file for final action. each 4. Each lot proposed to be as. sessed together with a valua- tion fixed by the council. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1962 Concrete Paving with Integral Curb, Project No. 1. Fourteenth Street and Loras Boulevard from the W.P.L. of White Street to the W.P.L. of Locust Street. An estimate of the most of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. The width of such improvement, and the size and kind of sewers. to be improved. The assessment limits of street to be improved. \ streets The 6. 1. 1. 3. 5. 2. II - 101 Special Session, March 19, 1962 of Zoning Adjustment, to succeed himself, for a five year term to 3/5/67. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, KeaD, ,Schreiber, Takos. Nays-None. There being no further business Councilman Kean moved to ad. journ. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. LEO F. FROMMELT City Clerk Approved .................... 962 Adopted ... ................... 962 ................... ................... Councilmen ..................., .................... .................... Attest: .................... City Clerk Special Session, March 19, 1962 and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. 100 Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Conncil. men Horgan, Kean, Schreiber. Takos. Nays-None. CLASS "B" BEER PERMIT Name Address William M. KuDZ........129 Main SI. Donald M. Love....250 West 6th SI. Mrs. lone Miller..1322 Central Ave. Robert A. Brillhart....328 Main SI. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and this 19th day of March, LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk CLASS "C" BEER PERMIT Anthony F. Fecker........................ .....................2119 Rhomberg Ave. approved 1962. Attest: Mayor Schaller moved the adop. tion of the resolution. Seconded by Couneilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. COUNCIL RECESSED AT 9:00 P.M. -RECONVENED AT 9:20 P.M. ~ Mayor Schaller moved that Ger. ard Noonan be appointed to the Civil Service Commission for a six year term from 3/31/62 to 3/31/68 due to the resignation of Joseph Carew; Dr. Sol Tabak be appointed to the Planning & Zon. ing Commission to fill the unex- pired term of Harry Schiltz to 5/24/62; Owen Riley be appointed to the Planning & Zoning Commis. sion, to succeed himself, for a five year term to 5/24/67; Owen Riley be appointed to the Board men Takos. NaY5'-None. RESOLUTION NO. 65-62 WHEREAS, application for Beer Permits were filed by the within named applicants and they have received the approval of tbis Coun- cil; and WHEREAS, the premises to be occupied by such applieants were inspected and found to comply with the ordinances of this City approved 1962. CLASS "C" BEER PERMIT Anthony F. Fecker........................ ...2119 Rhomberg Ave. RESOLUTION NO. 64-62 Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Duhuque, Iowa that the following applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Name Address William M. Kunz........129 Main SI. Donald M. Love....250 West 6th SI. Mrs. lone Miller..1322 Central Ave. Robert A. Brillhart....336 Main St. Passed, adopted and this 19th day of March, LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. Horgan, Kean. Schreiber, , LEO F. Attest: