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1962 August Council Proceedings 259 Honorable Mayor and City Council on July 2, 1962. A detailed analysis of estimated revenues and expenditures was made by the Committee. Estimated cash balances as of January 1, 1963 and January 1, 1964 were also pro- jected, based on fe-evaluation of revenues and expenditures during 1962 and 1963. There were a number of items where our differences were rela- tively small and since the cash balances do not appear to be ex- cessive, we have accepted the 1963 City Budget as being reason. able. We would like to commend those who prepared the budget as to the orderliness and detailed in- formation which was available to us for analysis purposes. Yours truly, Robert Kolf, Chairman Tax Study Committee ~ Dubuque Chamber of Commerce Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Councilman Takas moved that in account No. 135 Street Road Use Tax Construction Fund Carter Road grading be deleted and tbe undesignated projects be increased by the similar amount of $147,- 800.00. Seconded by Mayor Scbal. ler. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Councilman Horgan moved that the $7500.00 in Account No. 106 for codification of Ordinances be deleted from the 1963 budget. Sec. onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Takas. Nays-Councilman Schreiber. Session, August CITY COUNCIL OFFICIAL Regular Session, August 6, 1962. Council met at 7:30 P.M. Day. light Saving Time. Present-Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takas. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. August 1, 1962 To the Honorable Mayor and Members of the City Council. Gentlemen: Attached is a list of all parcels of property within the City consisting of ten acres or more which would be eligible for taxation as agricultural land pro- vided they were used in good faith for agricultural or horticultural purposes. This list has been sub- mitted by the Assessor's office. I am enclosing another list which has been prepared listing the par- cels of property for which exemp- tions have been requested and to my knowledge are eligible for this exemption. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the list be approved and re- ceived and filed. Seconded by Mayor Schaller. Carried by the fol- lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, 1962 Special Session, July 23, Mayor Schaller moved the adop- tion of the ordinance. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. There being no further business Mayor Schaller moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. There were several areas we felt miscellaneous revenues have been under estimated during 1962 and 1963, and budgted expenditures for 1962 had been over estimated based on expenditures during the first half of 1962. 1962 6, Regular Schaller, Council Kean, Schreiber. August 6. 1962 Mayor and City Council The Chamber of Study Committee 1963 City of Du- submitted to the men Takas. Nays-None. Honorable City Hall Gentlemen: Commerce Tax has reviewed the buque budget as Ii.. I Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 23rd day of July, 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREIBER PETTER J. TAKOS, JAMES J. KEAN, ROBERT J. HORGAN, Councilmen FROMMELT, City Clerk LEO F. FROMMELT, City Clerk ................................1962 962 Attest .................citY.Ci~;:t. LEO F. 258 Attest: Approved Councilmen Adopted by a vote has directed us to fUr- nish a new service-namely the municipal court-cost $60,000. The Dutch Elm Pestilence requires an additional sum for increased pro~ tection-cost $15,000. The Pension and Retirement funds require ad- ditional money as a safeguard to the City employees welfare;-cost $44,000; Total $119.000. If we could eliminate these items alone, the tax rate would be less than that of this year 1962. I examined the budget in another way for the taxpayer. What is he getting for the taxes he will be paying in 1963 including the additional .7 mill increase. The City will furnish him with all of the present services he is receiving. In addition $25,000 will provide needed additional per- sonnel, $132,000 for new Equip- ment, $575,000 of new improve- ments. He will receive the Munici~ pal Court, more Dutch Elm control, as well as protecting the pension and retirement rights of the city servants. 261 6, 1962 Session, August goal on a national scale to a 40 hour week. Also that the ambu- lance department be divorced from the fire department. That longev- ity pay be considered on the basis of five years instead of the present seven and a half years. Mr. Wm. MiIcoff, representing the street department employees, stated that their group is against the merit system. They would like a cost of living plan. Councilman Horgan moved that the Manager be instructed to con- fer with all City employee repre~ sentatives pursuant to the removal of present inequities between a man's pay classification and the job he is asked to do for the City. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. ~ To accomplish these ends are we mortgaging the future or are we trying to operate a multi-mil- lion operation on too thin a mar- gin? Not at all-the balances pro- jected total some $200,000 whicb will serve as a safe cushion and tend to serve as a safeguard against some unexpected emergency, I would be remiss if I did not commend Mr. Chavenelle and his committee, Mr. Frommelt and Mr. Holscher for their labors in per~ fecting this document. I am cer~ tain that no Council in the entire country has been presented with a better document or one that knows better where every dollar will go. It is a privilege to cast a vote of approval for such a skillfully pre- pared budget. I hope the people of Dubuque are aware to some de- gree of the capabilities and dedica- tion of the Manager, the Clerk and the Auditor. My personal thanks gentlemen for a job "well done.'. I also highly commend the Boards and Commissions in closely co- operating with the Manager and his committee to make the 1963 budget palitable with Dubuque taxpayers. Councilman Schreiber moved that the statement as read by Councilman Takas be made a mat- Councilman Schreiber moved that the amount appropriated in the 1962 budget to be used only as Retirement Fund for the City Manager be reinstated in the 1963 budget in the amount of $500.00. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. The following statement was read by Councilman Takas: Since coming to this Council in 1958, one of my main concerns has been both the budget and tbe ad- ministrative control of the bud~ geted items. I have consistently fought at this table for economy in Municipal spending for realistic action in exercising proper budget- ary control and developing a fiscal expenditure program which is con- sistent with the wishes of the citi- zens of our community. I believe this is one of the more important functions of a Councilman. I also recognize that it is also our duty and obligation to provide adequately for a growing City and we are a growing city. It is neces- sary therefore. to balance the re~ straint of expenditures with a proper tolerance for inevitable growtb. With this viewpoint I have an- alyzed the 1963 budget. The public ~ '" ~ 16,246 I 47.i23i .1 1 .1 1 .\ 477,650 I Estimated Taxes per $1,000.00 of assessed Taxable valuation (1961) ......................... Taxable valuation, agricultural lands (1961) 6Mille....... Moneys and credits (1961) ) Mills.... . 1t 7-13 Regular 1962 BUDGET ESTIMATE AN 0 RECORD OF FIL.ING Town and City Estimate NOTICE-The City council of Dubuque of Dubuque County, Iowa, wiD meet AU&"Ust 6th, 1982, at 7:30 p.m., Daylight Saving Time, at City Hall. Taxpayers will be heard for or against the fo Howing estimate of expenditures for the year beginning January 1, 1963. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearIllK. LEO 11'. FROMMELT, City Clerk 127,489 194,042 895,485 331,334 165,475 252,106 102,144 263,275 265,041 60,000 85,260 60,000 85,260 I T I 1 j 4,013,2451 4,157,943 value ,33.651 73,000 86,227 126 2,596,516 Safety Sanitation Municipal 'Recreation Trust Street 'Liquor ;Parklng Meters :~~).. Street (Agr. Land) TOTALS $73,855,846 107,'li9 ltl,804,D12 1,848,267 1,979,374 203,462 126 4,779,352 ! i Service should Mr. Thos. Rettenmeier, repre- sentative of the Police Department voiced the opinion as being against the merit system increase. The starting wage for a patrolman, which is presently $370 per month, is not a living wage. He must work for four years before he gets full pay scale. They would like to talk over the pay plan with the City Council. Mr. Gerald Herburger, also a policeman, addressed the Council by stating that $445.00 per month is not a living wage for a patrol~ Merle Bandy, representative of man. The city of Ottumwa has eight the fire department, stated that holidays off while we only have they are not satisfied with the three. Dubuque police have the budget, because it provides for finest standard in. the State of raises in the upper brackets and Iowa. They would lIke to have a none for the lower brackets. There $20.00 per month raise. is no place for the merit system Mr. Merle Bandy, representing on the fire department. First class the members of the fire depart~ firefighters are at the end of the ment, again addressed the Council line in the present pay plan sys- by stating that they would like to tern, while the Chief and Assistant have a definite raise for every man Chief have two more steps to go. on the job. A reduction of the $370 per month is too Iowa start- work week from 68 hours to 63 ing wage for the fire department. hours. Also looking forward to the . ~a . t:~~ !. . g;is ~~H ~U <;;..E-I ~~5. rZ~~~ 159,315 12,881 136,000 271,167 71,083 51,588 666,220 1,900 43,960 420,000 A raise under Civil be a general raise. Councilman Takos moved that rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Mr. R. F. Sefzik addressed the Council at some length relative to the general run of City business. His general idea was to hold the line on taxes. ~ . . ~ 11. . -;s!...i ~hd ~~~.:: 75,000 17,000 7,000 40,000 11,000 6,000 1,800 45,662 Schaller, Council Kean, Schreiber, -- I . . . . .. , 'iE~ ." . e8.~ ,.. "." 361,804 223,923 1,038,485 642,501 247,558 309,694 768.364 2r6,975 354,663 420,000 6, 258,726 191,995 877,645 560,326 273,592 250,279 736,379 317,411 237,403 294,960 Session, August E:tlleIldlturea for Year - - ! ! "$ ,,~ . .~ .. . . 243,808 239,762 821,049 564,649 257,456 ~ 251,931 699,454 247,843 222,323 279,020 60,500 125,450 Regular j ! ~i" i_~ 0.. 57,738 53,178 22,536 29,343 26,255 36,693 116,014 8,349 64,086 J'UNDB Enterprise Utilities Debt service Agency Tax) 260 General Street Public ~ I'll ~j ~i 'Ii'; "'I. 1'1'" li'll I;~l spection of this building and premises. This inspection was made May 15, 1962 and the fallowing is the report. Mr. Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Mr. Chavenelle: An inspection of a dilapidated structure formerly a dwelling lo- cated at 940 Althauser Street has been inspected by the Fire, Health and Building Departments and we wish to report the following: This structure has been vacant for many years and the general destruction due to lack of care or maintenance has reduced this building to a shell. The stone walls in the basement section have col- lapsed. The exterior walls are miss- ing in sections. The windows are missing. The floors are rotten and stripped to the joists. This structure was never con. nected to the sewer and water was served by a cistern. The building is a menace to the public, a fire hazard and an at- traction for children to trespass. We recommend that proper steps be taken to remove the remains of this building. Respectfully submitted, DONALD J. BANDY, Building Commissioner THOMAS C. mCKSON, Fire Chief MlLLER, 263 6, 1962 Session, August ARTHUR Sanitation Inspector After receiving this report I per~ sonally inspected the premises. As a result of this inspection on May 21st I prepared the following notice. Mr. Joe Wolfe 615 Needham St. Dubuque, Iowa Dear Mr. Wolfe: I have personally inspected your property, S.W. 56' of Lot 5 of Mineral Lot 470, at 940 Althauser Street and find the conditions as they have been reported to me by the Building Commissioner, Sanitation Inspector and the Fire Chief, substantially correct. According to Ctiy Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the premises. Yours very truly, GlLBERT D. CHAVENELLE, City Manager Be 1t Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Bud- get Estimate of Expenditures adopted by this Council on the 6th day of August 1962 to the Auditor of Dubuque County on or before August 15, 1962. Passed, adopted and approved this 6th day of August 1962. LOUIS SCHALLER, Mayor JOHN P. SCHREffiER, 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 Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takos. Nays-None. Regular 1962 To the Honorable and City Council Gentlemen: I request your per- mission to attend the 48th Annual Conference of the International City Manager's Association to be held in Philadelphia, October 14- 18, 1962. I am enclosing a letter from the Executive Director of the Associa- tion which describes the Confer- ence. Respectfully submitted, GlLBERT D. CHAVENELLE, City Manager Councilman Takos moved that the request be approved. 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: During the past year many complaints have been re- ceived regarding a building located at 940 Althauser Street, S.W. 56' of Lot 5 of Mineral Lot 470. I directed the various City De- partments to make a complete in- 1962 July 31, Mayor July 31, Mayor ~ nfrn Regular Session, August 6, 1962 JOHN P. SCHREffiER, 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 following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Council Recessed at 10:25 P.M. Council Reconvened at 10:35 P.M. ~ , RESOLUTION NO. 1~2 A Resolution Establishing, the Tax Levies for the year 1962, the taxes to be collected in the year 1963 and used for Municipal pur- poses of the City of Dubuque. Be 1t Resolved by the City Coun- cil of the City of Dubuque, that there be and there is hereby levied the taxes for municipal purposes for the ensuing year of 1962 of the following number of mills on the dollar of all taxable property within corporate limits of said city. .95726 mills for General Fund 2.56070 mills for Street Fund 11.82540 mills for Public Safety Fund 4.37550 mills for Sanitation Fund 2.18520 mills for Municipal Enter- prise Fund 3.32914 mills for Recreation Fund 1.34890 mills for Utilities Fund .59030 mills for Fire Pension Fund .76220 mills for Fire Retirement Fund .62900 mills for Police Pension Fund .53390 mills for Police Retire- ment Fund .52532 mills for Federal Social Security .45929 mills for 10wa Public Em. ployee Retirement 3.47670 mills for Debt Service Fund 33.55881 Total Mills Be It Further Resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. .;.-Mayor men Horgan, Takos. Nays-None. Mr. Joe Melssen, a member of the Fire Department. addressed the Council by stating it would be un~ wise for the whole Fire Depart- ment to meet with the City Mana- ger to iron out any salary difficul- ties. This should be handled by the Fire Chief meeting with the City Manager. 262 ter of record. Seconded by Mayor Schaller. Carried by the following vote: Yea' RESOLUTION NO. 163--62 Whereas, the Council of the City of Dubuque, caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year beginning January 1, 1963 and ending Decem- ber 31, 1963, and the hearing upon said Budget Estimate was fixed for the 6th day of August, 1962, at 7:30 o'clock P.M., Daylight Saving Time, at the Council Chamber of the City Hall; and Whereas, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Esti- mate. 1t Is Therefore Resolved by the City Council for tbe City of Du- buque, Iowa: That the Budget Estimate of Ex. penditures for the fiscal year be- ginning January 1, 1963 and end- ing December 31, 1963, heretofore prepared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County. Iowa, together with the verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be It Furtber Resolved, that, the taxes required to be collected in the year be and the same are here- by levied in the various funds in the amounts in said Budget Esti- mate. Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHALLER, Mayor Schaller, Council Kean, Schreiber 265 of In this area there are no streets which intersect with Shiras, and it is considered impractical and dangerous to paint a crosswalk that would lead only into the hill. side across the street. The enforcement of the speed law on Shiras Avenue has been stepped up hy the use of the Traf- fic Department's two wheel motor- cycle during daylight hours, and it is also patrolled by squad cars on each of the three shifts. I have written Mr. Pregler about the action taken by the Police De- partment. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. near the auditorium Clarke College. The situation has been investi- gated by your staff, and it is recommended that a 4000 lumen incandescent light be installed in this location. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Sec~ onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 1962 August To the Honorable Mayor and City Council Gentlemen: You have referred to your staff a petition of Walter A. Pregler concerning traffic flow on Shiras Avenue. Apparently the petitioner desires the city to paint a midblock crosswalk in the street since there are no crosswalks in a ten block area. entrance 3, 1962 6, Session, August Councilman Schrieber moved that the recommendation of the City Manager be approved and the Clerk instructed to publish proper notice of public hearing to be held in the Council Chamber at the City Hall on September 4, 1962, at 7:30 P.M. Central Standard Time. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Schaller, Council- Kean, Schreiber, 1962 Regular August To the Honorable Mayor and City Council Gentlemen: You have referred to your staff the petition of Michael Remakel and others concerning the operation of the incinerator by the National Tea Company at 1313 Dodge Street. The matter has been investigated and I am enclosing the report of the Building Inspector which describes the arrangement he has worked out with the store opera- tor. In short, all garbage type refuse is picked up and no longer dis- posed of in the incinerator. Fur- ther, all paper is disposed of by pick-up except the accumulation of Wednesday and Saturday nights. The latter is disposed of in the in. cinerator. I would like to point out that City fire regulations prevent this accumulation being stored in the building overnight. We will continue to see to it that the incinerator is operated only in the limited manner as described in Mr. Bandy's report. Respectfully submitted, GILBERT D. CHA VENELLE, City Manager Councilman Schreiber moved thta the communication be received and filed and a copy of same sent to Mr. Remake!. Seconded by Conn. cilman Takas. Carried hy the fol- lowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. To the Honorable and City Council Gentlemen: A street light has been requested on Clarke Drive 3, men Takos. Nays-None. m ~~ The building has been stripped by vandals, the windows and doors are missing, the rooms and yard are strewn with debris of all sorts. The partitions and ceilings have most of the plaster missing. This building is a fire hazard, menace to the children who play in this area and an eyesore to the general public. We recommend that proper steps be taken to cause the removal of this building, filling of the two cisterns and outhouses. Respectfully suhmitted, DONALD J. BANDY, Building Commissioner THOMAS C. IllCKSON, Fire Chief ARTHUR MILLER, Sanitation Inspector Mter receiving this report I personally inspected the premises. As a result of this inspection on May 21st I prepared the following notice. Mr. Jim Hajincoleas Dubuque, Iowa Dear Mr. Hajincoleas: I have personally inspected your property Lot 326 East Dubuque Addition, 1398 Maple Street and find the conditions as they have been reported to me by the Build- ing Commissioner, Sanitation In- spector and the Fire Chief, sub- stantially correct. According to City Ordinance No. 35---52, you are hereby given ten (10) days notice to dismantle the building, fill the cisterns and out. houses and clean up the premises. Yours very truly, GILBERT D. CHAVENELLE, City Manager This notice has not been served. The record title holder Mr. Hajin- coleas is deceased and apparently no estate was established. On Jan. uary 25, 1939 there was a mortgage to :Fred Nicholas in the amount of $500.00 this man is also deceased. A man by the name of Mike Nick was the last occupant. He is pres- ently at a local rest home but he does not own the property. This is the situation at present and I recommend that the pro- visions of Ordinance No. 35---52 be enforced and a public hearing be held after proper notice. Respectully submitted, GILBERT D. CHAVENELLE, City Manager 1962 6, Regular Session, August This notice has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35--52 be enforced and that Joe Wolfe, owner of a huilding located at 940 Althauser Street and heing on the S.W. 56' of Lot 5 of Mineral Lot 470 in the City of Dubuque, Iowa, be required to dismantle said building and clean up the premises. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Nays-None. To the Honorable and City council, Gentlemen: During the past year many complaints have been re- ceived regarding a building located at 1398 Maple Street. Lot 326 East Dubuque Addition. I directed the various City De- partments to make a complete in~ spection of this building and premises. This inspection was made May 15, 1962 and the following is the report. May 17, ChaveneUe ~ '" :<1 'j' Schaller, Council- Kean, Schreiber J 3, 1962 have referred Mrs. Clyde H. 1962 1962 August Mayor To the Honorahle and City Council Gentlemen: You to me a petition of --- ~ Councilman Takos moved that the recommendation of the City Manager be approved and the Clerk instructed to publish proper notice of public hearing to be held in the Council Chamber at the City Hall on Septemher 4, 1962, at 7 :30 P.M. Central Standard Time. Seconded by Councilman Kean. Carried hy the following vote: Yeas-Mayor SchaUer, Council. men Horgan, Kean, Schreiber, Takos. As a result of this notice Mr. Wolfe contacted my office. An ap- pointment was made for Monday, June 4, 1962 at 10:30 A.M. Mr. Wolfe did not keep this appoint. ment and we have had no further word from him. July 31, Mayor Schaller, Council- Kean, Schreiber, 3, 1962 August Mayor 264 Mr. Gilbert D. City Manager Dubuque, Iowa Dear Mr. Chavenelle: An inspection of the building located at 1398 Maple St. was made May 15, 1962 hy the Fire, Health and Building Departments and we wish to report the following: This is a one story brick and frame building which has been vacant for some time. u ~ :iil" !. il~~ :111 ----,'" 267 Councilman Takas moved that the communication be referred to the City Solicitor for proper pro- ceedings. Seconded by Mayor Schal- ler. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays--N men Takas. Nays-None. 1962 July To the Honorable Mayor and City Council, Gentlemen: The Planning & Zon- ing Commission recommends that the name of Bush Street be changed to Tressa Street. There are no houses at present on Bush Street. Respectfully submitted, Dubuque Plannning & Zoning Commission By Owen Riley Secretary Councilman Takas moved that the communication be referred to the Ctiy Solicitor for proper pro- ceedings. Seconded by Councilman Schreiber. Carried by the fallowing vote: Yeas-Mayor Horgan, Mayor Party of the Second Part Attest: LEO F. FROMMELT, City Clerk Approved this 15th day of Aug., 1962. Iowa State Highway Commission JO V. STONG Chairman Party of the First Part Assignment of Merl Goerdt to William Blum in the amount of $11,000 for moneys due and pay- able by the City for the construc- tion of the Deborah Drive Storm Sewer presented and read. Councilman Schreiber moved that lhe City Manager be author- RELEASE OF EASEMENT ized to sign the assignment for the That the Interstate Power Com- City. Seconded by Councilman pany, a Delaware Corporation, with Kean. Carried by the fOllowing offices in the City of Dubuque, vote: DUbuque County, State of Iowa, Yeas-Mayor for value received, does hereby cer- Horgan, tify that a certain easement granted under the provisions of City of Dubuque, Iowa Ordinance 1-35 adopted on final passage January 21, 1935 by the City of Dubuque, Iowa to Interstate Power Company and filed for record on February 25, 1935 in Book 3 of affidavits on page 196 in the office of the Recorder for Dubuque Coun- ty, Iowa, is now abandoned ab- solutely and forever, and all of its right, title and interest under the aforesaid easement are hereby con- veyed to the City of Dubuque, Iowa and any other present own- ers of the land which was encum- bered by said easement. The release of this Easement is given by Interstate Power Com- pany in performance of an agree. ment dated August 4, 1958, by and between ~e City of DUbuque, Iowa, through Its Board of Dock Com- Schaller, Council Kean, Schreiber, 23, 1962 one. 6, Session, August ac- 831.00 upon completition and ceptance of the construction. 5. 1n no event should the City be obliged to pay more than $7000.00 for one.half of the actual cost. Pased this 6th day of August, 1962, by the following roli call of years and nays: Yeas-Robert J. Horgan, James J. Kean, Louis, Schaller, John P. Schreiber, Peter J. Takos, Council- men. men Takos. Nays-None. July 23, 1962 To the Honorable Mayor and City Council, Gentlemen: The petition of Wil- bert Lange and Marie Engel re- questing vacation of portion of platted valley in Broadway Addi. tion has been considered by the Planning & Zoning Commission. This alley has never been opened and the Commission sees no public need for same. The Planning & Zoning Com- mission recommends vacation of this alley as requested. RespectfUlly submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Schaller, Council Kean, Schreiber Regular Nays-None. City of Dubuque LOUIS SCHALLER, ~ r- - Schaller, Council- Kean, Schreiber, County-Dubuque Project U-UG-305(13l AGREEMENT This agreement made and en. tered by and between the Iowa State Highway Commission con- sisting of the following members: Robert Keir, Howard Helscher, Jo S. Stong, Everett Shockey and Wil- liam H. Nicholas, party of the first part, and the City of Dubuque, party of the second part. Whereas, a drainage situation has developed left of roadway Sta. tion 2411+50I from drainage of property owned by the Davis De- velopment Corporation of Rock Is- land, DUnois, and occupied by the A. & P. Grocery Market causing severe erosion of the highway backslope and silting conditions upon US-20 pavement surface and creating a serious maintenance problem and safety threat to the traveling public. Now, Therefore, be it agreed by and between the parties hereto: 1. The City of Dubuque, party of the second part, consents to the proposed work as shown on the plans as submitted and on file with the City Clerk. 2. The Iowa State Highway Com- mission, party of the first part, agrees to design a plan to improve the drainage condition by a flume intercepting the drainage from the A. & P. Market drive and parking lot area left of roadway Station 2410+20 to 2412+64 and carrying the drainage to a down flume left of Station 2411+50 and outletting westerly along the northerly side of US.20 to the natural drainage outlet at Station 2404+64I. 3. The lowa State Highway Commission, party of the first part, agrees to hold public letting on the proposed work and supervise construction of the work in accord. ance with the plans and specifica- tions. 4. The City of Dubuque, party of the second part, agrees to re- imburse the Iowa State mghway Commission, party of the first part, for one-half the actual cost of the proposed work estimated at $11,- 6, 1962 Yeas-Mayor men Horgan, Takos. Nays-None. Regular Session, August I recommend that the Council aC- cept the agreement. Respectfully submitted, GlLBERT D. CHAVENELLE, City Manager Councilman Takos moved that the recommendation of the City Manager be approved subject to an addition to the agreement to be called paragraph 5 "In no event should the City be obliged to pay more than $7000.00 for one-half of the actual cost." Seconded by Councilman Kean. Carried by the following vote Schaller, Council Kean, Schreiber August 3, 1962 To the Honorable Mayor and City Council Gentlemen: The enclosed agree. ment for additional storm drain- age on Highway No. 20 is the re- sult of a conversation which the City Engineer and I had with the State District Highway Engineer some weeks ago. The additional storm drain con- struction is necessary in order to prevent water flowing over the new road. The agreement providing that the city pay one-half the cost of construction is an equitable ar- rangement, and funds are avail- able and have been set aside for the project in the Road Use Tax Fund. It is hoped that this situation will be resolved when the City undertakes an area annexation pro- gram. Respectfully submitted, GILBERT D. CHAVENELLE, City Manager Councilman Takas moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Clauer for connection to the city sanitary sewer at 131 Garnet Street and 3685 Jackson Street. I have investigated this matter and find that neither of these prop- erties are contiguous with the city limits, and consequently, cannot be annexed by resolution. Since it is the policy of the City not to supply services outside the city limits, I recommend that the peti. tion be denied. 266 ~ 269 Mayor Schaller 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: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Amend. ment of Current Budget, by in- creasing expenditures in the Rec- reation-Municipal-Golf Course Fund from $37,150 to $43,723, 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 Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. ORDINANCE NO. 46--62 An Ordinance Amending Budget as approved by Resolution No. 192 -61 and Ordinance No. 1--62, said Ordinance having been previously presented and read at the Council meeting of June 25, 1962, pre- sented for Final Adoption. ORDINANCE NO. 46-62 An Ordinance amending Budget as approved by Resolution No. 192-61 and Ordinance No. 1-62. Be it Ordained by the City Council of the City of DUbuque: That the unexpended cash bal- ances on hand at the close of the preceding fiscal year not estimated or appropriated in the origInal bUdget approved by Resolution No. 192~61 and Ordinance No. 1-62 are hereby allocated and appropriated for payment of necessary expendi_ tures of City Government. in the fOllowing amounts and for the purposes as hereinafter set forth, and to that end the appropriations and allocations of funds are hereby authorized to-wit: RECEIPTS Fund Unencumbered Recreatlon_ Balance Total Municipal Golf Course Fund.. 6.573.00 6,573.00 EXPENDITURES Recreation-Municipal Golf Course Fund Item No. 171-E EquipmenL6,573.00 This appropriation shall be paId from the Unencumbered Cash bal- ance over and above amounts anticipated January 1, 1962. Total additional appropriation for the expenditure of City Gov- ernment of the CIty of Dubuque, Iowa for the fiscal year beginning Schaller, Council Kean, Schreiber 6, 1962 Session, August Councilman Takas moved that the statement be received and made a matter of record. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Ambrose Scheller Jr. of 405 Southern Av. enue, in an un-named amount, for property damage incurred as the result of a storm on July 22, 1962, due to the condition of Samuel Street, presented and read. Mayor Schaller moved that the notice of claim be referred to the Ctiy solicitor for investigation and report. Seconded by Councilman Takas. Carried by the fallowing vote: Yeas-Mayor Horgan, men Takos. Nays-None. Notice of Suit of Mrs. Eugene Bechen, in the amount of $2000 for personal injuries received as the result of a fall in the crosswalk at Hill and Eighth Avenue on March 11, 1961, presented and read. Mayor Schaller moved that the Notice of Suit be referred to the City Solicitor. Seconded by Council- man Takas. Carried by the follow~ ing vote: Yeas-Mayor men Horgan, Takos. Schaller, Council Kean, Schreiber Schaller, Council- Kean, Schreiber, Nays-None. Notice of Claim of Norman E. IJanson in the amount of $86.06, for damage to his car as the result of salting by the City in the winter- time, presented and read. Mayor Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takas. Carried by the fallowing vote: Yeas-Mayor Horgan, men Takas. Nays-None. Notice of claim of Joseph Hart- man, in the amount of $88.00, for personal injuries received in a fall in the street at Walnut and W. 11th on March 20, 1962, pre- sented and read. Schaller, Council Kean, Schreiber Regular . Regular Session, August 6, 1962 ried by the following vote: Yeas-Mayor Schaller. Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Communication of Dub u que Chamber of Commerce submitting a resolution requesting the Board of Supervisors to acquire Right of Ways still needed for a connecting road to Center Grove intersection already constructed by the High- way Commission in order that the section of road connecting the Old Timers Road and Center Grove can be constructed as soon as possible giving relief to traffic on Devon Drive, presented and read. Councilman Takos moved that the communictaion and resolution be referred to the Council. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Schaller, Council- Kean, Schreiber, 100.80 308,04 539.97 $7,035.21 truly yours /s/ Arnold VanEtten 1962 To the Honorable City Council Gentlemen: I hereby certify that the following is a statement of all costs for the sanitary sewer con- structed in Section I of Orchard Hills Subdivision. The sanitary sewer was constructed in accord- ance with Resolution No. 279-61. 1452 Lin. Ft. 8" V.T.C. @3.20 ..............................$4,646.40 6 No. of Manholes @240.00 1,440.00 14 No. of 8" x 6" Wye Brances @7.20 . Engineering Inspection Very Communication of League of Iowa Municipalities advising that a tentative draft has been drawn of a proposed bill for the 1963 Legislature to provide for State Regulation of Utilities, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takos. N ays--N one. August 3, Mayor and missioners Company. Signed this 31 day of July, 1962. lNTERSTATE POWER COMPANY M. L. Kapp President (Interstate Power Company) (Corporate Seal) Attest: C. W. Edmonds Secretary STATE OF: 10wa I ss. COUNTY OF: Dubuque S On this 31st day of July A.D., 1962, before me, Jane Landgraf, a Notary Public in and for the County of Dubuque, State of Iowa personally appeared M. L. Kapp, President and C. W. Edmonds, Sec- retary of Interstate Power Com- pany the corporation which ex- ecuted the above and foregoing instrument, who, being by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said corporation; that the seal affixed to said insrtument is the seal of said corporation, and that said in- strument was by them signed and sealed on behalf of the said cor~ poration by authority of its Board of Directors, and each of them as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and each of them voluntarily executed. In Witness Whereof, I have here- unto signed my name and affixed my Notarial Seal on the day and year last above written. Jane Landgraf Notary Public in and for County of Dubuque State of Iowa My Commisison expires: July 4, 1963. Councilman Takos moved to ac- cept delivery of release of ease- ment and that same 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, Schreiber, Takos. Nays-None. Council proceedings for the month of Jauary, 1962 presented for approval. Mayor Schaller moved that the Council proceed- ings for the month of January 1962 be approved as printed. Sec. onded by Councilman Takas. Car- Power Interstate and ''"'oi 268 ...., , men Takas. Nays-None. Petition of Joseph BIasen questing vacation of part of Street, presented and read. Councilman Takas moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schreiber. Carried by the fallowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Schaller, Council- Kean, Schreiber, re- Oak men Takas. Nays-None. Petition of Dubuque Blacktop Co. requesting purchase of an acre of land at the end of Huff Street, presented and read. Mr. Maurice Humke the owner of Dubuque Blacktop Co. addressed the Council hy stating that he would like to purchase the ground to house machinery. Councilman Schreiber moved that the petition be referred to the City Manager. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Schaller, Council- Kean, Schreiber, men Takos. Nays-None. Petition of Loriel Parker et al requesting repair and resurfacing of 16th Street from St. Catherine Street going west to the dead end of the street, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Street Commis- sioner. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Schreiber, men Takos. Nays-None. Petition of J. Allen & Marijane S. Wallis Jr. and Richard V. & Betty R. McKay requesting vaca- tion of easements from utility com- panies located in Indian Hills, pre- sented and read. Councilman Takos moved that the petition be referred to the City Solicitor for proper proceedings. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, 271 Kean, 1962 Horgan, 6, Session, August Councilman Takas moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Stanley Hahn of Plover Wisconsin, requesting per- mission to sell potatoes here in the City on a house to house basis, presented and read. Councilman Takos moved that the petition be referred to the City Manager and City Solicitor. Seconded by Mayor Schaller. Car. ried by the fallowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of University of Du- buque requesting permission to hold a homecoming parade on Oc- tober 13, 1962, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, men Takas. Nays-None. Petition of Roger B. Cox re- questing permission to excavate in Green Street for sewer and water connections, presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of N. W. Bell Telephone Co. requesting permission to ex- cavate in the alley between Locust & Main between First and Second and Third and Fourth, presented and read, Councilman Takas moved that the petition be granted subject to the furnishing of proper bond. Sec- onded by Councilman Kean. Car- ried by the fallowing vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber. Petition of Clemens-Smith Con- struction Co. requesting permis- sion to excavate in the streets and alleys of the City, presented and read. Council Regular Petition of Mrs. Ray Schmerbach et al requesting rezoning of the south side of East 26th street cov- ering lots 213, 214 and 215 Davis Farm Addition, presented and read. Councilman Takas moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. men Takas. Nays-None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Councilman Schreiber moved that a public hearing be held on the Ordinance on September 4, 1962, at 7:30 o'clock P.M. Central Standard Time, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law_ Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Petition of Harlan F. Loibl et al requesting installation of street lights from Catfish Creek on Fre- mont Avenue up to Kelly Lane, presented and read. Councilman Takas moved that the petition be referred to the City Manager and Electrical in- spector for investigation and re- port. Seconded by Councilman Schreiber. Carried by the following vote. Yeas-Mayor Horgan, Schaller, Council Kean, Schreiber sidered the first reading of the Ordinance. Seconded by Council- man Takas. Carried by the follow- ing vote: Yeas-Mayor Horgan, SchaUer, Council Kean, Schreiber, . . - . Regular Session, August 6, 1962 men Takos. Nays-None. ORDINANCE NO. 48-62 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque by chang- ing the Zoning Classification of Lots 3, 4 and 6 of Block 1, Broad. way Heights to Multiple Family Residence District Classification, presented and read. Councilman Schreiber moved that the reading just had be con- To the Honorable and City Council Gentlemen: The petition of Hart- man Construction Co. requesting rezoning of Lots 3, 4, and 6 of Block 1 Broadway Heights to Mul- tiple Family District has been considered by the Planning & Zon- ing Commission. These lots are adjacent to the present Multiple Residence District and should be included. The Planning and Zoning Com- mission recommends that the re- quest be granted. Respectfully submitted, Dubuque Planing & Zoning Commission By Owen Riley Secretary Mayor Schaller moved that the recommendation of the Commis- sion be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. 1962 January 1, 1962 and ending December 31. 1962 ................$6.573.00 Passed upon first reading this 25th day of June 1962. Passed. adopted and approved upon final readIng this 6th day of August 1962. LOUIS SCHALLER, 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 10th day of August 1962. LEO F. FROMMELT, City Clerk Mayor Schaller moved the adop- tion of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Schaller, Council Kean, Schreiber July 23, Mayor 270 1iI! 213 Schreiber, ~ RESOLUTION NO. 167-62 Preliminary Estimate of pro- posed plans, specifications, form of contract and all other docu- ments for the construction of im- provements and Extensions to the Municipal Waterworks Plant and System for two steel standpipes and pumping station at Asbury and Park Hill sites, at an esti- mated cost of $425,960.00, pre. sented and read. Councilman Kean moved the adoption of the resolution. Sec- onded by Councilman Takas. Car- ried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays--None. RESOLUTION NO. 168-62 WHEREAS the City Manager has submitted proposed plans, specifi- cations, form of contract and esti- mated cost for constructing improvements and extensions to the Municipal Waterworks Plant and system in and for the City of Dubuque, Iowa, said proposed improvements and extensions con- sist in general of the following: Division A. Construction of two steel standpipes of approximate- ly 2.4 million gallons capacity and 1.4 million gallons capacity. respectively, with necessary ap- purtenances, on pile foundations at Asbury and Park Hill sites. Division B. Construction of a one- story concrete and masonry pumping station, including the furnishing and installation of two horizontal centrifugal pump- ing units, metering equipment, electrical, plumbing, heating and ventilating work. WHEREAS it is necessary and desirable that a public hearing be had on said proposed plans, speci. fications, and form of contract that bids be received for said work at said hearing and that notice be given of said hearing and in- vitations for bids all in accordance with Chapter 397 of the 1962 Code of Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, 10WA: WHEREAS, said sealed propos- als were opened and read on Au- gust 6, 1962, and it has heen determined that the bid of Tri- State Paving Co. of Dubuque, Iowa in the amount of $52,898.38 was the lowest hid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Duhuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED that upon the signing of said con. tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the un- successful bidders. 6th day Passed and adopted of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREillER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the fallowing vote: Yeas-Mayor Schaller, Council- this Kean, 6, 1962 men Horgan, Takos. Nays-None. Session, August RESOLUTION NO. 16~2 WHEREAS, sealed proposals have been submitted by contractors for the improvement of Dodge Street from a point 64 feet east of the east property line of Grandview Avenue to the east property line of Bluff St. with Hot Mix.Hot Laid Asphaltic Concrete Paving. City of Dubuque 1962 Hot Mix- Hot Laid Asphaltic Concrete Re. surfacing Project No. 2 pursuant to Resolution No. 141-62 and no- tice to bidders published in a news- paper publiShed in said City on July 9, 1962, and July 16, 1962; and ,! \ JOHN P. SCHREillER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Puhlisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Resurfacing Project No.2, Dodge Street, presented and read. Councilman Takas moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. August 6, 1962 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received on August 6, 1962 for the paving of Dodge Street from the east prop- erty line of Bluff Street to a point 64 feet east of the east property line of Grandview Avenue with Hot Mix-Hot Laid Asphaltic Concrete Paving. The lowest bid was entered by the Tri-State Pav- ing Company of Dubuque, Iowa. Their bid was 32.3% under the Engineer's estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company. Very truly yours, Gilhert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. 6, 1962 Session, August 272 Proof of Publication, certified to by the Publisher, of Notice of Pro- posal to dispose of an alley lying between Washington Street and Jackson Street from Seventh Street to Eighth Street, 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 Schreiber moved that the proof of pUblication be received and filed. Seconded by Councilman Takas. Carreid hy the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Regular Contract RESOLUTION NO. 165-62 Whereas, pursuant to resolution and notice, the City Council of Duhuque, Iowa, met on the 6th day of August 1962 at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamher in the City Hall to consider the proposal to dispose of the hereinafter describ. ed real estate, at which hearing all interested parties were afforded an opportunity to be heard for or against such proposal; and Whereas, there being no written or oral objections to the proposal to dispose of the interest in real estate hereinafter described. Now Therefore Be It Resolved by the City Council of Dubuque, Iowa: Section 1. That the disposal of the interest of the City of Du- buque, Iowa in and to the alley lying between Washington and Jackson Streets from 7th Street to 8th Street in the City of Duhuque, Iowa, to Farley & Loetscher Manu- facturing Company be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute quit claim deed to Farley & Loetscher Manufacturing Company convey- ing the interest of City of Du. buque, Iowa in and to said alley and deliver said quit claim deed upon receipt of payment of costs of puhlication. Passed, adopted and appproved this 6th day of August, 1962. LOUIS SCHAlLER Mayor I, II; I' ili :11 :11 ;1' .........""'...,..., ,.- ..,11liIII! (Awarding Schaller, Council Kean, Schreiber Regular ~ 275 specifications and proposed forms of contract now on file in the office of the City Clerk of the City of Dubuque, Iowa, and by this reference made a part hereof as though fUlly set out and in- corporated herein. At the said time and place the City Council will also consider bids for the furnishing of water at wholesale for the use of the City and it is estimated that the needs of the City will require approxi- mately 1.7 billion gallons per year. Copies of all Contract Docu- ments for each Division are on file and are available for inspec~ tion at the office of the City Clerk in tbe City Hall, DUbuque, Iowa, and at the offices of Consoer, Townsend & Associates, Consulting Engineers, 360 E. Grand Avenue, Chicago 11, nlinois. Copies of Contract Documents for each Division required for re- view or bidding purposes may be obtained only from the offices of the City Clerk at the address named herein upon payment to said City Clerk of the following specified amount for each Division: Division A-$20.00 Division B--$25.00 for each set of documents so obtained. The ful1 amount of the deposit for one set of documents and one- half of tbe deposit for any addi- tional duplicate sets of documents will be refunded to each bidder who submits a formal bid to the City of Dubuque, Iowa, and who also returns the documents in good condition to tbe City Clerk within ten (10) days after his bid security has been returned to him. Equipment manufacturers, sub- contractors and others who do not submit formal bids to the City of Dubuque, Iowa, will be refunded one-half the amount of the deposit for all sets of complete documents returned in good condition to the City Clerk within ten (10) days after the opening of bids. No re- fund will be made for documents received after this ten-day period. Separate proposals are solicited for each of the above-named two Divisions. A bidder may submit a proposal on either of the two Divisions without submitting a proposal on the other Division, or 6, 1962 Session, August NOTICE OF PUBLIC HEARING ON PROPOSED PLANS AND SPECIF1CATIONS AND P R 0- POSED FORMS OF CONTRACT FOR THE CONSTRUCTION OF IMROVEMENTS AND EXTEN. SIONS TO THE MUNICIPAL WA- TERWORKS PLANT AND SYS- TEM IN AND FOR THE CITY OF DUBUQUE, lOW A, AND THE TAKING OF BIDS FOR SUCH CONSTRUCTION. NOTICE IS HEREBY GIVEN that the City Council of the City of Dubuque, in Dubuque County, Iowa, will meet at the Council Chambers in the City Hall, in the City of Dubuque, Iowa, on the 10th day of September, 1962, at 7:30 o'clock P.M., Central Standard Time, at which time and place a hearing will be held and said Council proposes to adopt plans, specifications and forms of con- tract and to open bids for the con- struction of improvements and extensions to the municipal water- works plant and system in and for said City, and at which time and place, or at such later time and place as the Council then may fix, the Council will act upon pro- posals received and enter into contracts for the construction of said improvements and extensions. Sealed proposals will be received by the City at tbe office of the City Clerk in the City Hall, Du. buque, Iowa, until 7:30 o'clock P.M., Central Standard Time, on the above date and will be op- ened at 7:30 o'clock P.M., Central Standard Time on that date. Said propo~ed improvements and ex- tensions consist in general of the following: Division A. Construction of two steel standpipes of approximately 2.4 million gallons capacity and 1.4 million gallons capacity, re- spectively, with necessary ap- purtenances, on pile foundations at Asbury and Park Hill sites. Division B. Construction of a one- story concrete and masonry pump- ing station, including the furnish- ing and installation of two horizontal centrifugal pumping units, metering equipment, elec- trical, plumbing, heating and ventilating work. All work and materials are to be in accordance with the plans, Regular ~I." ~ 6, 1962 1. That said plans, specifications, and by constructing a one-story form of contract and estimates concrete and masonry pumping of cost of construction be station at the Park Hill site, in- placed on file with the City cluding two horizontal centrifugal Clerk for public inspection and pumping units, metering equip- that a public hearing be had ment, electrical, plumbing, heating thereon in the Council Cham- and ventilating work, and proposed ber in the City Hall in the City plans, specifications and forms of of Dubuque, Iowa, at 7:30 0'- contract for said improvements and clock P.M. on the 10th day of extensions have been prepared by September 1962. Consoer, Townsend & Associates, 2. Tbat the' City Clerk be and Consulting Engineers, and filed he is hereby authorized and with the City Clerk; and directed to give notice of said WHEREAS it is necessary to fix hearing and publiSh invitation a time and place of hearing on for bids for the construction said proposed plans, specifications of the work in the manner re- and forms of contract, to provide quired by law and in particular for the taking of bids in connec- in accordance with the pro- tion therewith and to give notice visions of Section 397.16 of the thereof; 1962 Code of Iowa. NOW, THEREFORE, Be It ani Passed, adopted and approved It Is Hereby Resolved by the City this 6th day of August, 1962. Council of the City of Dubuque, LOU1S SCHALLER Iowa, as follows: Mayor Section 1. That the 10th day of JOHN P. SCHREIBER Septemher, 1962, at 7:30 o'clock PETER J. TAKOS p.m., Central Standard Time, at JAMES J. KEAN the Council Cbambers in the City ROBERT J. ~ORGAN Hall in the City of Dubuque, Iowa, CounCIlmen is hereby fixed as the time and Attest: LEO F. FROMMELT place of hearing on said proposed CIty Clerk plans, specifications and forms of Mayor Schaller m~ved the adop- contract for constructing improve- tion of the resolutIon. Seconded ments and extensions to the mu- by Councilman Takos. Carried by nicipal waterworks plant and the following vote: . system in and for said City of Yeas-Mayor Schaller, CounCIl Dubuque Iowa as referred to in men Horgan, Kean, Schreiber the prea~ble hereof, and also as Takos. the time and place of taking bids N ays-N one. in connection therewith. Section 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of said hearing on said proposed plans, specifications and forms of con- tract and of taking said bids by publication of such notice once each week for two consecutive weeks in the Telegraph-Herald, a newspaper published in the City of Dubuque, Iowa, and having a general circulation in said City and also in the Register and Tribune, a newspaper published in Des Moines, Iowa, and having a general circulation throughout the State of Iowa, the first of which publications in each news- paper shall be made at least thirty days prior to the time of said bear- ing, all in conformity with Section 397.16 of tbe Code of 10wa, 1962. Said notice shall be in substantial- ly the fallowing form: Session, August RESOLUTION NO. 169-62 RESOLUTION providing for a notice of hearing on proposed plans, specifications and form of contract for constructing improve- ments and extensions to the mu- nicipal waterworks plant and system in and for the City of Dubuque, Iowa, and providing for taking bids in connection there- with. WHEREAS the City of Dubuque, Iowa, has heretofore established a municipal waterworks plant and system in and for said City and it is necessary and desirable that said plant and system be improved and extended by constructing two steel standpipes of approximately 2,400,000 gallons capacity and 1,- 400,000 gallons capacity, respec- tively, together with necessary appurtenances, on pile foundations at the Asbury and Park Hill sites, Regular '.: 274 -=~ ~~~.._=--=---=- ~~ 277 Section 3. That all provisions set out in said form of notice are hereby recognized and prescribed by this Council and that all reso- lutions or orders or parts thereof to the extent same may be in con. flict herewith are hereby repealed. and approved August 6, Attest Name Address Amvets Club, 429 Main Street Trausch Baking Company, 20 So. Main Street Mrs. Bernice Kr Avenue ~ i I !I I[ Dodge Eldon J. Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 6th day of August, 1962. LOllS SCHALLER Mayor JOHN P. SCHREmER PETER J. TAROS 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 Takos. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. 1281 Konzen, By virtue of statutory authority preference will be given to prod- ucts and provisions grown, and coal produced, within the State of Iowa. r------~-~- LOUIS SCHALLER Mayor LEO F. FROMMELT City Clerk (City of Dubuque-Seal) Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takos. Nays-None. RESOLUTION NO. 170-62 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, Iowa, be granted a permit to sell ciga- rettes and cigarette papers within said City. Central 2403 .:!ss, The City hereby reserves the right to reject any or all bids, to waive informalities and to enter into such contract, or contracts, as it shall deem to be for the best interest of the City of Dubuque. This notice is given by order of the City Council of the City of Dubuque, Iowa. CITY OF DUBUQUE, IOWA By LOUIS SCHALLER Mayor Attest: LEO F. FROMMELT City Clerk lid::! 6, 1962 Session, August Passed 1962. Payment to the contractors for said improvements and extensions will be made pursuant to the pro- visions of Sections 397.9 to 397.19, inclusive, of the Code of Iowa, 1962, in cash to be derived from the proceeds of the sale of revenue bonds, which said revenue bonds will be payable solely and only out of the future net earnings of the municipal waterworks plant and system of the City. The City of Dubuque shall not incur any general obligations for said im- provements and extensions and neither the contracts for the con- struction of said improvements and extensions nor said revenue bonds shall constitute general obligations of said City or be payable in any Session, August No proposal for either Division will be considered unless it is made on the proposal form which is included in the Contract Docu- ments for such Division. The proposal for each Division must not be removed from, but must be kept bound with, such other Contract Documents for such Division with which it has been bound by Owner. Each proposal shall be accom- panied by a certified or cashier's check drawn on a solvent bank and made payable to the Treasurer of the City of Dubuque, Iowa, in an amount not less than five per cent (5%) of the amount bid. Sealed envelopes or packages con- taining proposals shall be marked or endorsed "Proposal for Du- buque, Iowa, Waterworks Improve- ments--1962". The certified or cashier's check is submitted as security that, if his proposal is accepted, the bidder will enter in- to contract with the City and will furnish an acceptable performance bond. This check may be cashed and the proceeds retained by the City of Dubuque as agreed liqui- dated damages, if the successful bidder fails to execute a contract and file an acceptable bond within fifteen (15) days after the ac- ceptance of the proposal by reso- lution of the City Council. No proposal may be withdrawn for a period of thirty (30) days after the date set for opening bids. Certified and cashiers' checks will be returned to the unsuccessful bidders promptly following award of the contract, and to the success- ful bidder when he shall have filed the completed contract documents and bond. The performance bond shall be in an amount equal to one hundred per cent (100%) of the contract price, issued by a responsible surety approved by the City Gouncil, and shall guarantee the faithful performance of all . manner by taxation, and under no circumstances shall said City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment thereof. Based on monthly progress estimates submitted by the Con- tractor on the first day of each month, payment will be made to the extent of ninety per cent (90%) of the value of materials delivered and construction completed during the preceding calendar month. Such monthly partial payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. Upon completion of the work, final payment will be made not earlier than thirty-five (35) days after final acceptance of the com- pleted contract by resolution of the City Council, assuming that no unpaid claims then remain on file and that the Contractor has certified to the City Council that all materials, labor and services have been paid for as required in the specifications. The construction work on Di- vision A may be started within ten (10) days following the award of the contract and shall be com- pleted and ready for operation on or before June I, 1963. The con. struction work on Division B may be started within ten (10) days following the award of the con. tract and shall be completed and ready for operation on or before June 1, 1963. Regular the con- At said hearing the City Council will consider the plans and speci- fications and proposed forms of contract for the project, the same now being on file in the office of the City Clerk, reference to which is made for a more detailed and complete description of the proposed improvements and ex.. tensions, and at said time and place the Council will also receive and consider any objectiOns to said plans, specifications and forms of contract made by any interested party. The City of Dubuque, Iowa, pro. poses to complete financing ar- rangements for this waterworks improvement within nin~y (90) days after construction proposals are received. Conditional award of contracts will be made by said City within thirty (30) calendar days of the date of the receipt of bids. The conditional award will be in effect until the City has been successful in raising the required funds for payment of construction costs. Provided it proves impossible to raise the required funds, the conditional award will be canceled by the City of Dubuque and said City shall not then be liable for any payments whatsoever to the Contractor. Extension of time be- yond the ninety-day period to com. plete financing may be made only by mutual agreement between the City of Dubuque, Iowa, the Con- tractor and the Contractor's Surety. 6, 1962 conditions of and terms tract. he may submit separate proposals on both Divisions. If he desires to bid on both Divisions, he must submit a separate proposal for each of the Divisions. Also, in submitting a proposal, bidder shall submit offers for alternate items of major equipment, all as pro- vided for in the Contract Docu- ments for each Division. Regular 276 279 Regular Session, August 6, 1962 Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. LEO F. FROMMELT City Clerk Approved . ...................., 962. Adopted ... ..................... 962. .................... .................... Councilmen .................... ..................... ,..................., Attest: ...................., City Clerk 6, 1962 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of tbe City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS Name John L. and Viola Dodge Street Celia M. Vosberg, 330 Main Street DeForrest P. Koeller, 127 West 6tb Street Joseph F. Costa, 1091 Main Street Mrs. Josephine Nicks, 103 East 22nd Street Albert J. Ney, 1842 Central Avenue Frederick J. Sear, 1701 Central Avenue Fred Ansel, 1100 Lincoln Avenue Ellwood J. Gatton, 1598 Elm Street Cletus J. Meyer, 253 Main Street Joseph R. McGeough, 400 Rhom- berg Avenue BEER PERMIT Address Savary, 827 IIBU Regular Session, August CLASS Name John L. and Viola Dodge Street Celia M. Vosberg, 330 Main Street DeForrest P. Koeller, 127 West 6th Street Joseph F. Costa, 1091 Main Street Mrs. Josephine Nicks, 103 East 22nd Street Albert J. Ney, 1842 BEER PERMIT Address Savary, 827 RESOLUTION NO. 171~2 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. liB" 278 ---.m~ AveM nue Frederick J. Avenue Fred Ansel, 1100 Lincoln Avenue Ellwood J. Gatton, 1598 Elm Street Cletus J. Meyer, 253 Main Street Joseph R. McGeougb, 400 Rhom. berg Avenue ,;' 4 ~ I I Ii' II II I' Ij I ~I t t ~' , l , BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereM by approved. Passed, adopted and approved this 6th day of August, 1962. LOmS 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 Takos. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Takas. Nays-None. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Takas. Carried by the fallowing vote: "C" BEER PERMIT Specht, 3003 Asbury CLASS O. Harold Street CLASS "C" BEER PERMIT Harold O. Specht, 3003 Asbury Street Passed, adopted and approved this 6th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adopM tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber. Takas. Nays-None. RESOLUTION NO. 172~2 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this CounM ell; and *''' ...,.,.'"'<t Central Central 1701 I:' I:: 01 I': Iii i'l " IU Sear, 281 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 July 1962, presented and read. Councilman Takas moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor ScbaUer, Council- men Horgan, Kean, Schreiber, Takas. Nays--None. Total Debit Balances to be transferred from the General Special Assess- ment Fund To the Honorable and City Council Gentlemen: Your staff has inspected Stet- more Avenue area for street light- ing, and it is recommended that a street light be placed at the intersection of Stetmore aad St. Joseph Streets. RespectfuUy, Gilbert D. ChaveneUe City Manager Mayor SchaUer moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays--None. 1962 August 20, Mayor 25.52 13.32 13.92 1.23 SchaUer, CouncU- Keao, Schreiber, 20, 1962 ~ To the Honorable 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, sub- ject to the approval of the City Solicitor August Mayor EXCAVATION Walter Wilhelm, d/b/a Wilhelm Excavating Co., Policy No. CL 636- 159, American States Insurance Co. Louis Buechel, Policy No. CGA 201730, U.S. Fidelity & GUl\J'anty Co. SIDEWALK T. Trumm, American Raymond Surety Co. Abernathy Construction Commercial Union Ins. Co. Werner Fritsch Construction, American Surety Co. Co. 1078 Davenport Street- Curb and Gutter ............ 1090 Lawther Street - Surfacing ........................ 1092 Stafford Avenue - Surfacing ........................ 1093 Strauss Street - Surfacing ........................ 1102 Edith Street-Sani. tary Sewer ........................ 1109 Logan Street--Sur- facing ................................ 1111 Muscatine Street- Surfacing ........................ 1112 Nevada Street - Surfacing ........................ 1116 West 3rd Street- Surfacing ........................ 1129 1953 Hot Mix.Hot Laid Asphaltic Surfac. ing .................................... 4,005.40 1168 Rider Street--Sur. facing ................................ Total Credit Balance to be transferred to the General Special Assess- 20, 1962 Special Session, August 3.77 16.74 227.64 48.50 19.33 21.70 4,080.36 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved the ap- proval of the recommendation. Seconded by Mayor Schaller. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Fund 5,285.25 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. ment 1962 Gentlemen: In accordance with Ordinance No. 51.56 I recommend that the City Council approve the transfer of the credit balances in the fol- lowing Special Assessment Funds to the General Special Assessment Fund. All Improvement Bonds is- sued in connection with these im~ provements have been redeemed and all installments of the assess- ment for the improvements have been paid and credited. Fund No. 1962 To the Honorable and City Council Gentlemen: 1 herewith submit the monthly reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, as well as a list of claims and payrolls for which warrants were issued for the month of July, 1962. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. .72 373.10 75.48 74.59 Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering the awarding of contracts for the construction of the Fengler Street and Chaney Road Storm Sewers and acting on all other business as may properly come be- fore a regular meeting of the City Council. 9, August To the Honorable Mayor and City Council, 9, 1962 Gentlemen: In accordance with Ordinance No. 51-56 I recommend that the City Council approve the transfer from the General Special Assess- ment Fund to the various Special Assessment Funds listed below which have a Debit Balance. All Improvement Bonds issued in con- nection with these improvements have been redeemed and all in- stallments of these assessments have been paid and credited. Fund No. August 17, Mayor ! 56.70 20, 1962 1115 Victoria Place-Sur- facing ................................ 1167 Prescott Street - Surfacing .......................... 1200 Sullivan Street - Surfacing ........................ 1212 Floraview Drive - Surfacing ........................ 1213 Floraview Drive - Curb and Gutter August Mayor Honorable Council, To the and City 120.20 15.22 10.03 .68 368.98 SeSsion, August CITY COUNCIL OFFICIAL Special Session, August 20, 1962. Council met at 7:30 P.M. Daylight Saving Time. Present-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. City Manager Gilbert D. Chavenelle. 168.89 94.17 110.01 Special 280 Name of Street and type of Improvement Credit Balance 1025 Groveland Place - Curb and Gutter ............ 1035 Finley Street-Curb and Gutter .................... 1050 Kaufmann Avenue --Sanitary Sewer .......... 1052 Strauss Street - Curb and Gutter .......... 1064 Bradley Street - Curb and Gutter .......... 1066 Simpson Street - Curb and Gutter .......... 1067 Whelan Street - Curb and Gutter .......... 1077 Concord Street - Curb and Gutter ..... Name of Street and type of Improvement Debit Balance 1047 Green Street-Curb and Gutter ...................... 5.62 1054 University Avenue -Water Main ................ 8.55 1072 Hamilton Street - Curb and Gutter ............ .15 1073 Hamilton Street - Curb and Gutter .......... 3.53 1076 Brunswick Street - Curb and Gutter ............ 2.51 1085 Kane and Primrose -Sanitary Sewer .......... 3,361.39 1103 Booth Street--Sur. facing ................................ 48.49 1105 East 26th Street - Surfacing .......................... 45.97 1113 Pinard Street--Sur- facing ...... 23.56 '.0$;;'. "'mil 283 Carried by the Schaller, Council. Kean, Schreiber, August 20, 1962 Hon. Mayor & City Council Gentlemen: On January 11, 1962, Mrs. Millard Poquette filed notice of claim against the City of Dubuque claim- ing damages as a result of a fall on a public sidewalk in front of 909 West 5tb St., DUbuque, 10wa, which alleged fall occurred on De. cember 23, 1961. Claimant claimed that said walk was unsafe due to rough, slippery and uneven accumulation of snow and ice. I have made an investigation of this matter and have canfered with claimant's attorney who has made an offer of settlement in the amount of $750.00, and tbat the abutting property owners, Myril F. Healy and Joyce J. Healy, agree to COD- tribute tbe sum of $300.00 to said settlement. It is the recommendation of the City Attorney tbat said offer of settlement be accepted and tbe City Auditor be instructed to issue a warant to Lucille E. Poquet.:e and ber busband Millard Poquette in tbe amount of $450.00 and to deliver tbe same to tbe City Attar. ney for transmittal to claimant up. on receipt of duly executed re- lease and upon receipt of contri~ bution from the abutting property owners in tbe amount of $300.00. Respectfully submitted, R. N. Russo City Attorney Mayor Scballer moved that tbe recommendation of the City At. torney be approved and the Audi~ tor instructed to issue a warrant in tbe amount of $450.00, payable to Lucille E. Poquette and Millard Poquette and deliver same to the City Attorney for delivery. Second. ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council~ men Horgan, K e a n, Schrelber, Takas. Nays-None. 20, 1962 cilman Kean. following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Session, August a contract entered into under date of May 21, 1962, also assiguing and transferring all estimates on file, or hereafter allowed on ac~ count of work done under said contract, to American Trust & Savings Bank, presented and read. Councilman Schreiber moved that the Assignment be approved. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. N ays-N one. Printed Council proceedings for tbe montb of February 1962, pre- sented for approval. Councilman Takos moved that the proceedings for the montb of February 1962 be approved as printed. Seconded by Councilman Schreiber. Carried by tbe fallowing vote: Yeas-Mayor Schaller, CounciJ. men Horgan, Kean, Schreiber. Takas. Nays-None. 1962 Hon. Mayor & Gentlemen: On Marcb 19, 1962, Mary Kauz- lick filed her claim for damages against the City of Dubuque for injuries allegedly suffered by reason of a fall on an ice covered public sidewalk at 1038 Bluff St., Dubuque, Iowa. I have made an investigation of this matter and have conferred with the claimant who has made an offer of settlement of her claim in tbe amount of $12.00, being tbe cost of her medical care. It is the recommendation of the City Attorney tbat said offer be accepted and the City Auditor be instructed to draw a warrant pay~ able to Mary Kauzlick and deliver the same upon receipt of a duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO City Attorney Mayor Schaller moved that the recommendation of the City at- torney be approved and the Audi- tor instructed to issue a warrant in the amount of $12.00 payable to Mary Kauzlick and deliver the same upon receipt of a duly exe. cuted release. Seconded by Coun- August 16, City Council Special mM1 ~ August 20, 1962 City Council 1962, J osepb Hart- Hon. Mayor & Gentlemen: On August 6, 20, 1962 mended tbat street lights be in. stalled in tbe following locations: 1. Install a ligbt on a pole near house numbered #100 Lindberg Terrace. 2. Remove present light installed at 35 Lindberg to the bend in tbe street between 54 and 56 Lindberg. 3. Install a ligbt between house numbers 8 and 12. Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by tbe following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. August Honorable Mayor and City Council Gentlemen: I am enclosing a request from the Caradco Company for a power line crossing at 8th and Jackson Streets. Tbe conditions stipulated in the letter have been investigated by your staff and found to be satis- factory with the exception of the beigbt of tbe line above the street. It is recommended that the re~ quest be granted provided that tbe line be 23 feet 6 inches above the street on the north side and that it be placed as higb as pos- sible on the south side, approxi- mately 22 feet or more. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the Man- ager be approved, the communica~ tion received and filed, all subject to the inspection of the City Man- ager and tbe Electrical Inspector_ Seconded by Councilman Kean. Carried by tbe following vote: Yeas-Mayor Schaller, Council~ men Horgan, Kean, Schreiber, Takos. Nays-None. Assignment of Mulgrew Black~ top Inc. of all moneys due on ac- count of work done on Project No.1, City of Dubuque 1962 Bi- tuminous Concrete Surfacing Proj. ect No.1, under and by virtue of The area has been inspected and it is not recommended that any light be mounted on private property. It is however recom~ """'" . 1962 20, Session, August 20, 1962 Honorable Mayor City Council Gentlemen: You have referred to your staff a petition signed by Loriel Parker and others concerning the repair and drainage of West 16tb Street from Catherine Street to the dead end at tbe top of tbe hill. We wisb to report tbat tbe street has been cleaned and sealed and that a soft spot has been located at tbe upper end whicb will be excavated and resealed this week. Further, we will contact Loras College this week in order to ar~ range for a correction of the drain- age from Loras field. It is this drainage that is the cause of loose earth material being washed on to 16tb Street. Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Schreiber moved that the communication be received and filed and a copy of same be sent to Mr. Loriel Parker. Sec~ onded by Councilman Takos. Car. ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. August 20, 1962 To the Honorable Mayor and City Council Gentlemen: A request has been received for the installation of a street light on private property at the end of Lindberg Terrace. Merlin Goerdt, d/b/a Merl G 0 e r d t Excavating, American States Ins. Co. Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Schreiber moved tbat the filing of tbe bonds and policies be approved, subject to tbe approval of tbe City Solicitor. Seconded by Councilman Takos. Carried by tbe following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. August and Special 282 ~ 285 Section 3. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publfcation as by law provided. Introduced the 20th day of Au- gust, 1962. nule requiring reading on three separate days suspended by unani- mous vote the 20th day of August, 1962. Passed by recorded roll call vote, adopted and approved this 20th day of August, 1962. LOUIS SCHALLER, 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 24th day ot August, 1962. LEO F. FROMMELT, City Clerk It 8-24. Councilman Schreiber m 0 v e d the adoption of the Ordinance. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Nays-None. ORDINANCE NO. 51.62 An Ordinance regulating Ani- mals and Fowl running at large, providing for and impounding and for sale or disposition of impound- ed animals and providing penalties for violation hereof, presented and read. .., Councilman Takos moved that the Ordinance be placed on file for thirty days for public inspec- tion. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta~ koso Nays-None. Petition of Genoa M. Beebe re- questing delivery of a deed to Lot 1A and Lot 2A in order to clear title to property in High Street Subdivision to comply with action taken by the City Council back in 1898, presented and read. Council~ man Takos moved that the peti- tion be referred to the City Solici- tor for proper proceedings. Sec- onded by Councilman Horgan. Car- ried by the fallowing vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, Ta- men koso Nays-None. Petition of Senior High School requesting permission to use a few 20, 1962 Special Session, August tt. 8-24 Councilman Schreiber m 0 v e d the adoption of the Ordinance. Se- conded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takas. Nays-None. Councilman Takos moved that the Council view the grounds listed in the aforementioned Ordinance. Seconded by Councilman Schreiber. Carried by the fallowing vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takas. Nays-None. ORDINANCE NO. 50-62 An Ordinance changing the name of Bush Street to Tressa Street pre- sented and read. Councilman Schreiber m 0 v e d that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Kean. Carried hy the fOllowing vote: Yeas-Mayor Schaller, Council men Horgan, K e a n, Schreihe~, Takos. Nays-None. Councilman Schreiber m 0 v e d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kean. Carried by the following vote: Yeas--Mayor Schaller, Council men Horgan, K e a n, Schreiber Takas. Nays-None. Passed, adopted and approved [his 20th day of August, 1962. LourS SCHALLER Mayor JOHN P. SCHREIBEn PETER J. T AKOS .JAMES 3. KEAN ROBERT J. HORGAX Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph~Herald newspaper this 24th day of August 1962. LEO F. FROMMELT City Clerk ORDINANCE NO. SO-62 ORDINANCE; CHANGING THE NAME OF BUSH STREET TO TRESSA STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' DUBUQUE, IOWA: Section 1. That the name of Bush Street be and the same is hereby changed to Tressa Street. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of thIs Ordinance in the office of the County Recorder of Dubuque County, Iowa. 'liIlii"" l 20, 1962 notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the fallowing vote: Yeas-Mayor ScbaUer, Council. men Horgan, K e a n, Schreiber, Takos. Nays-None. ORDINANCE NO. 49-62 An Ordinance vacating tne east. erly 150 feet of the alley lying between Lots 17, 18, 19, 20, 21 and 22 in Broadway Addition and Lot 1 and Lot 2 of Walter Place, presented and read. Councilman Schreiber m 0 v e d that the reading just bad be con- sidered the first reading of the Ordinanee. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council~ men Horgan, K e a n, Schreiber, Takas. Nays-None. Councilman Schreiber m 0 v e d that the rules be suspended requir~ ing an Ordinance to be read on three separate days. Seconded by Mayor Schaller. Carried by the fOllowing vote: Ye~Mayor Schaller, Councll. men Horgan, K e a n, Schreibf"r, Takos. Nays-None. ORDINANCE NO. 49.62 WHEREAS, Wilbert Lange as owner of Lots 17, 18, 19, 20, 21 and 22 in Broadway Addition in the City of Dubuque, Iowa, and Marie Enge'l. al'l owner of Lots 23, 24, 25, 26 and 27 in Broadway Ad~ ditlon, which latter lots have here- tofore been platted as Lot 1 and Lot 2 of "Walter Place" in the City of Dubuque. Iowa, have pe~ Utione(l the City Council to vacate the easterly 15D feet of the :0 foot wide alley abutting the herein. above de8cribed real estate; and WHEREAS, the PlannIng and Zoning- Commission of the City of Dubuque, Iowa, has l"ecom- mended the vacation of said alley as petitioned. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the easterly 150 feet of the alley lyIng between Lots 17. 18. 19, 20, 21 and 22 in Broadway Addition in the City of Dubu.qlle, Iowa, and Lot 1 and Lot 2 of "Walter Place" in the City of Dubuque. Iowa, be- and the same Is hereby vacated. Section 2. That the City Clerk be and he is hereby ordered to file 11 ~el'tifj.ed copy of this Or- dinance in the office of the Du- buque COtlnty Recorder. Session, August Schaller, Councll- K e a n, Schreiber, August 20, 1962 Hon. Mayor & City Council Gentlemen: On July 30, 1962, Norman E. Hanson, filed a communication with the City Council claiming damages to his vehicle by reason of salt applied upon our city streets during the winter. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of this claim. Original claim attached hereto. RespectfUlly submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City At~ torney bc approved. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n. Schreiber, Takos. Nays-None. Notice of claim of Emil & Thelma Althaus, in an un~named amount, for damage to their home at 2020 Green Street on July 22, 1962, due to a severe rainstorm and negli- gence on the part of the City as to grading an alley and failure to install a storm sewer in said alley located between Alta Place and North Algona, presented al:l<I read. Councilman Takas moved that the I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Mayor Schaller moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. man filed a claim upon behalf of his son, Mike Hartman, a minor, in the sum of $88.00 for injuries allegedly received by the said Mike Hartman, as a result of a fall on March 20, 1962 at Walnut & W. 11th Streets. Special eiii!f 284 287 ~ urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER 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 Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, K e a TI, Schreiber, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the construction of the Fengler Street 15" Sanitary sewer from the existing manhole in Kerper Boule- vard thence westerly 503 feet to the existing manhole first west at Peosta street. presented and read. Councilman Takas moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Kean. Carried by the follow~ ing vote: Yeas-Mayor men Horgan, Takas. Nays-None. 20, 1962 Session, August improve- the Sanl Improve- expense of making said ment will be paid from tation Fund-Municipal ments. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was passed and adopted, as proposed by the City Council this 20th day of August 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMESJ. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, TaM koso N ays--N one. Special 20, 1962 Proof of Publication, certified to by the publisher, of Notice of Pendency of resolution of necessity for public improvements and hear~ ing upon proposed plans and speci- fications, form of contract and cost of improvements for the construc- tion of a IS" sanitary sewer in Fengler Street, presented and read. Mayor Schaller 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, TaM koso Nays-None. to be improved. of such improve- Whereas, proposed plans, speciM fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol. lowing: 1. The 2. The ment. (Necessity for Improvement RESOLUTION NO. 153-62 street plan Session, August pieces of aerial pyrotechnics at their home football games during the 1962-63 season, presented and read. Councilman Takos moved that the petition be granted subM ject to the Fire Chief's aifirmaM tion. Seconded by qouncilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Petition of Dr. Ralph Grimm et al requesting the extension of Lo- cal Business "B" zoning classifica- tion to all Lots 13, 14 and 15 in Finley Waples Burtons Addition with petition of adjoining proper- ty owners within 200' attached and joining in the request, presented and read. Mayor Schaller moved that the petition be referred to the Planning & Zoning commission. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Special 286 Schaller, Council K e a n, Schreiber 1962 To the Honorable and City Council, Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., D.s.T. Monday, August 20, 1962 for the Fengler Street Sanitary Sewer. The lowest bid submitted was entered by the Saf- fran Construction Company of Du- buque, Iowa. The bid was 22.51% under the estimate. A tabulation of bids received are attached. I recommend that the contract for the improvement be awarded to the Saffran Construction Com- pany. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved. 20, August Mayor, (Ordering Construction RESOLUTION NO. 173-62 BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF DUBUQUE that pursuant to a Re- solution of Necessity No. 153-62 which was duly passed by this Council for the Construction of a fifteen inch (1S") sanitary sewer in Fengler Street from the existing manhole in Kerper Boulevard thence westerly 503 feet to the existing manhole first west at Peosta Street. Be and the same are hereby orM dered and 'constructed by this Council upon its own motion and with or without the petition of the property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk, BE IT FURTIIER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Fund - Municipal Improvements. BE IT FURTIIER RESOLVED that this resolution being deemed , I 1 i r,4 3. An estimate of the cost proposed improvement. For the construction of a fifteen inch (IS") sanitary sewer in FengM ler Street from the existing man- hole in Kerper Boulevard thence westerly S03 feet to the existing manhole first west of Peosta Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own. ers, deems it advisable and necesM sary for the public welfare to make the herein mentioned imM provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, 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 there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and the of Petition of Mrs. Anna Zimmer requesting installation of a street light in the neighborhood of 24th and Elm Street, presented and read. Mayor Schaller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, TaM koso Nays-None. Petition of William Harbaugh requesting a refund of $75 on the unexpired portion of cigarette liM cense No. 278, as he has discon- tinued business on August 6, 1962, presented and read. Mayor SchalM ler moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to William Harbaugh, in the amount of $7S, to cover the amount due on the unexpired portion of cigarette license No. 278. Seconded by Coun. cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Ta- kas. Nays-None. 289 of Highland Farm southerly in Chaney Road behind the east curb- ing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive of a lateral line from Sta. 6=88.18 to the west property line of Chaney Road. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. ~ Passed, adopted, and approved this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHRElBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to eon- tractors of the receipt of proposals for the construction of the Chaney Road Storm Sewer, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber. Tat... Nays-None. Be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of the prop. erty owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Fund - Municipal Im- provement. 20, 1962 August Special Session, make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, 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 there. for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Fund-Municipal Improve- ments. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of July, 1962. Approved and placed on final action. for file RECORD OF FINAL ADOPTION The foregoing resolution was fi nally passed and adopted, as pro- posed by the City Council this 20th day of August 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER 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 Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. (Ordering Construction) RESOLUTION NO. 17S-62 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE that pursuant to a Resolu- tion of Necessity No. 156-62 which was duly passed by this Council for the construction of an eighteen inch (18") storm sewer in Chaney Road from the existing storm sewer in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 Attest "I 20, 1962 Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of N eces- sity for public improvements and hearing upon proposed plans and lSpecifications, form. of contract and cost of improvements for the construction of an 18" storm sewer in .chaney Road from the existing storm sewer in Lot 1 of 1 of 1 of 2 of 1 of 1 of 1 of 2 of Highland Farm southerly in Chaney Road behind the east curbing to the existing storm sewer in Lot 1 of St. Rose Place; inclusive of a later- al line from Sta. 6+88.18 to the west property line of Chaney Road, presented and read. 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 Schaller, Council. men Horgan, K e a n, Schreiber. Takas. Nays-None. (Necessity for Improvement RESOLUTION NO. lS6-62 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: Session, August be 2. ment. 3. The estimate of the cost of the proposed improvement. For the construction of an eight. een inch (18") storm sewer in Chaney Road from the existing storm sewer in Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 2 of Highland Farm southerly in Chaney Road behind the east curbing to the ex. isting storm sewer in Lot 1 of St. Rose Place: inclusive of a lateral line from Sta. 6+88.18 to the west property line of Chaney Road. Be 11 Therefore Resolved that the City Council on its own motion or upon petition of property own. ers, deems it advisable and neces- sary for the public welfare to improved. such improve- to of street plan The The I. Attest: Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the fallowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. Special Seconded by Mayor Schaller. ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. (Awlrding Contract) RESOLUTION NO. 174-62 Whereas, sealed proposals have been submitted by contractors for the Fengler street Sanitary Sewer pursuant to Resolution No. 173-62 and notice to bidders published in a newspaper published in said City on July 27, 1962 and August 3, 1962; and WHEREAS, said sealed propos- als were opened and read on Aug- ust 20, 1962, and it has been de. termined that the bid of Saffran Construction Company of Du- buque, Iowa in the amount of $4,314.00 was the lowest bid for the furnishing of all labor and materials and performing the work as prOVided for in the plans and specifications; now therefore, Be 11 Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Saffran Construction Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute -a contract on behalf of the City of Dubuque for the com. plete performance of said work. Be 11 Further Resolved, that upon the signing of said contract and the approval of the contrac- tors bond the City Treasurer is au- thorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 20th day of August, 1962. LOUIS SCHAlLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk w Car- ..--"lmn 288 291 A RESOLUTION ACCEPTING 1M. PROVEMENT AND DIRECTING THE CLERK TO PUBLISH NOTICE RESOLUTION NO. 178-62 City of Dubuque 1962 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1 Section 1. 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. 2. West fork of Grandview Avenue Extension from the south prop- erty line of Kaufmann Avenue to a point 800 feet south. 3. Northview Drive from the north property line of Kane Street to the north property line of Lot 1 of Lot 9 in Scenic View Heights. 4. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 2 of Lot 1 of Highland Farm. 5. Second Street from the west property line of Iowa Street to the east property line of Locust Street. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $61,804.90. ~ BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Improve- 1962 20, Special Session, August feet east of the line of Weiden- West fork of Grandview Ave- nue Extension from the south property line of Kaufmann Avenue to a point 800 feet south. 3. Northview Drive from the north property line of Kane Street to the north property line of Lot I-of Lot 9 in Scen. ic View Heights. 4. Carter Road from the north property line of Kane Street to the south property line of Lot 1 of Lot 2 of Lot 1 of Highland Farm. 5. Second Street from the west property line of Iowa Street to the east property line of Locust Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, That $46,639.54 of the cost there. of shall be assemble upon private property and $15,165.36 shall be paid from the 135 J-I Road Use Fund of the City of Dubuque. Passed, adopted and approved this 20th day of August, 1962. Attest: Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car~ ried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. LOUIS SCHALLER Mayor JOHN P. SCHREillER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT Schaller, Council. Kean, Schreiber, to a point 13 west property bachers Sub. 2. 20, 1962 the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. August 20, 1962 The Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 Section 1 has been completed in accordance with the City of Dubuque plans and specifi- cations. 20th Passed and adopted this day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCIffiEIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Attest: Session, August August 20, 1962 To the Honorable Mayor, and City Council, Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., D.S.T., Monday, Aug. ust 20, 1962, for the Chaney Road Storm Sewer. The lowest bid sub- mitted was entered by Smitty's Excavation Service of Dubuque, Iowa. The bid was 17.30% under the estimate. A tabulation of the bids received are attached. I recommend that the contract for the improvement be awarded to Smitty's Excavation Service. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Special 290 .iPl 'iii (Awarding Contract) RESOLUTION NO. 176-62 Whereas, sealed proposals have been submitted by contractors for the Chaney Road Storm Sewer pursuant to Resolution No. 175--62 and notice to bidders published in a newspaper published in said City on July 27, 1962 and August 3, 1962; and I, therefore, recommend the ac- ceptance of the above named pro- ject. Mayor Schaller moved that the recommendation of the City Man- ager be approved. Seeonded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta~ koso Nays-None. Kaufmann Avenue from the west property line of Lot 154 of L. H. Langworthy's Addition Final Estimate RESOLUTION NO. In-62 Whereas, the contract for the City of Dubuque 1962 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 Section 1. 1. Very truly yours, Gilbert D. Chavenelle City Manager WHEREAS, said sealed propos. als were opened and read on Aug. ust 20, 1962, and it has been de- termined that the bid of Smitty's Excavation Service of Dubuque, Iowa in the amount of $4,985.00 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Smitty's Excavation Service of Du- buque, Iowa and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up- on the signing of said contract and '''''... 293 20, 1962 Session, August BE IT FURTHER RESOLVED tbat tbe bond filed by sucb appli. cant be and the same is hereby ap~ proved. Passed, tbis 20tb approved 1962. Attest: Mayor Schaller moved tbe adop. tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. There being no further business Councilman Schreiber moved to ad. jaurn. Seconded by Councilman Horgan. Carried by the fallowing vote: Schaller, Council- Kean, Schreiber, LEO F. FROMMELT, City Clerk .1962 Approved 962 Adopted Councilmen 'Ii m "'" Special 20, 1962 RESOLUTION NO. 180-62 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREFORE, LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Schaller, Council- Kean, Schreiber, Yeas-Mayor men Horgan, Takas. Nays-None. Attest: Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council. Kean, Schreiber, RESOLUTION NO. 179-62 BE IT RESOLVED by the City Council of tbe City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within tbe City of Dubuque, Iowa, be granted a permit to sell cigarettes and cigarette papers within said City. Address Petty, 475 Central RESOLUTION NO. 181-62 WHEREAS, application for Class lOB" Beer Permit was filed by the within named applicant and it has received the approval of this Coun- cil; and BE IT FURTHER RESOLVED tbat the bond filed with the appli- cation be approved. ., WHEREAS, the premises to be occupied by such applicant were inspected and found to comply with the ordinances of this City and she has filed a proper bond: NOW, THEREFORE, Passed, adopted and approved this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen 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. BE IT RESOLVED by tbe City Council of the City of Dubuque that the Manager be and he is here- by directed to issue to tbe fol. lowing named applicants a beer permit. LEO F. FROMMELT, City Clerk Attest: ~ City Clerk Attest: 1,1 'i BEER PERMIT Address Petty, 475 Central August Session, ment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 20tb day of August, 1962. LOUlS SCHALLER Mayor JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk adopted and day of August, BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the following applica. tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. BEER PERMIT Address 475 Central Petty, "B" CLASS Name Mrs. Margaret Avenue Name Mrs. Margaret Avenue "B" CLASS Name Mrs. Margaret Avenue Schaller, Council. Kean, Schreiber, '.i'.iF Special 292 Passed, adopted and approved this 20th day of August, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Councilman Takos moved adop- tion of the resolution. Seconded by Mayor Schaller. Carried by the fol. lowing vote: Yeas-Mayor men Horgan, Takas. Nays-None. LEO F. FROMMELT City Clerk Schaller, Council Kean, Schreiber, Attest: