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1961 February Council Proceedings ~ _jiill~ 31 Regular Session, February 6, 1961 ~ CITY COUNCIL OFFICIAL Regular Session, February 6, 1961. No members of the City Coun- cil being present upon roll call the meeting was postponed sub- iect to call. LEO F. FROMMELT City Clerk Approved ,...,,,...,,,.,,,,,,,,,,1961 Adopted ", ""...,,,,,,,.,,,,.,,.1961 '.......................... .......................... Councilmen .......................... .......................... '........................., Attest: City' Clerk: . , T -/ J "I i ^ I" .. il ~ ~ . ~ , , i i I I I' I' Ii i I II il I I , Business District A has been con- sidered by the Planning and Zoning Commission. Mr. Powers states the land across Old Timers Road which is outside the City Limits is being planned for Business Development and he feels he will be harmed if he is confined to' residential develop- ment. The Commission in planning for this area feels there is sufficient land zoned for Business Develop- ment within the City in this area and while they have no control of use of property outside the City Limits the Zoning of this area re- quested would only lead to in- termittent business development along this By Pass road, The petition requests a strip of about one quarter of a mile in length and two hundred and fifty feet deep. This Commission has diSCUSsed this area development in detaIL and recOmmends denial of the peti- tion. 33 1961 9, Adjourned Regular Session, February tendency to defeat competition and have a tendency to put a heavier burden on the taxpayers, such was not the case here as the Federal Government made a grant of 45% of the cost of the contract on con- dition that the minimum wage scale be adopted by the City of Cascade, and therefore there was no additional burden to the tax- payer and any increase in the cost of the work was borne by the Fed- eral Government. It is fundamental that municipal corporations are WhOlly creatures of the state legislature. They pos- sess and can exercise only the powers (1) expressly granted by the legislature, (2) necessarily or fairly implied in or incident to the powers expressly granted, and (3) those indispensably essential-not merely convenient to the declared objects and purposes of the munic- ipality. Respectfully submitted, DUbuque Planning & Zoning Commission By OWEN RILEY, Sec, Councilman Takos moved that the communication be receivpd and filed. Seconded by Mayor Schrei. bel'. Carried by the fOllowing vote: YeaS-Mayor Schreiber, Coun- cilmen Rean, Schaller, Schueller, Takas. NaYS-None. Printed Council proceedings for the months of August, September and October 1960, presented for approval. Mayor Sehreiber moved that the Council proceedings for the months of August, September and October 1960 be approved as printed. Seconded by Counri'man Schueller. Carried bJ' the follow- ing vote: YeaS-Mayor Schreiber, Council- men Rean, Schaller, Schueller. Takos. NaYs-None. It would appear, therefore, from the foregoing that any attempt by the City Council to put a provision or a condition in its public im- provement contracts, requiring contractors to employ residents of Dubuque, reqUiring employment of union labor or establishing mini- mUm or a fixed wage scale ex- ceeds the pOwer of the City Coun- cil and therefore is illegal. Respectfully submitted, R. N, Russo City Attorney t Mayor Schreiber read the call and stated that this is an ad- journed meeting of the RegUlar meeting of February 6, 1961, called for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. Communication of Hennessey Bros. Inc. stating that the majority of laborers used in the construc~ tian of the Kaufmann Avenue-17th Street storm sewer project are men from the City of Dubuque, with some few additional from the Dubuque trade area, presented and read. Mayor Schreiber moved that the communication be received and filed and that a copy of same be sent to the Dubuque Federation of Labor. Seconded by Councilman Takas. Carried hy the. fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Councilman Takas moved that the communication be received and filed and that the Mayor draft a letter to the Federation of La- bor indicating willingness explain- ing our legal position to cooperate up to a point to stay within legal bounds. Seconded by Councilman Rean. Carried by the following vote , I I Yeas-Mayor Schreiber, Council- men Rean, Schaller, Schueller, Ta- koso NaYs-None. 1961 To the Honorable and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of December, 1960, as well as list of 20, January Mayor 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Phillip Powers requesting rezoning of a strip of land adiacent to Old Timers Road and south of Asbury Road to Local January 20, This question was passed on by the Supreme Court of Iowa in the case Diver vs. Keokuk Savings Bank, City of Keokuk, et ai, 126 Iowa 691, 1905. A provision in the contract for the improvement of alleys and streets that the con- tractor keep and employ only citi- zens and residents of the City of Keokuk and to purchase all ma- terials of Keokuk manufacturers or Reokuk merchants as far as ~ I " !. ~ 'I 1 ,~ i :1 'i i 1 ~ II " i il I ' I I I : Ii l , i: practicable, was held to be invalid by the Court as an unreasonable condition and restriction tending to increase the cost of the work. In the case of George A. Miller, et al vs. The City of Des Moines, 143 Iowa 409, 1909, the Supreme Court of Iowa stated the fact that while the City Council made no reference to the employment of union labor, either in its resolu- tions, notice to bidders or contract with the successful bidder such was not contrOlling on the ques- tion of discrimination, where it was otherwise clearly shown that such was the test in fact applied in awarding the contract rather than the character and responsi- bility of the bidders. Nor is it ma- terial that the amount involved in the controversy is insignificant when compared with the city's re- sources, or that the city officials acted in good faith in awarding the discriminatory contract. Such discrimination tends to monopoly and involves a denial of equality or right and opportunity. In this case a contract for printing was awarded by the City Council of Des Moines to a higher bidder be. cause it was the lowest among those bidders employing union la- bor; there were lower bidders em- ploying non-union labor whose bids were rejected. In the ease of Weiss vs. Town of Woodbine, 228 Iowa I, 1940, the Supreme Court of Iowa restated the position of the Court that the purpose of competitive bidding is that those who are to be required to pay the expense thereof shall be given the best work at the low- est practical price; competitive bidding is required to obtain con- tracts at the most reasonable, eco- nomical and practical cost in hav- ing the work economically done. In the case of Iowa Electric CO. VS. Town of Cascade, 227 Iowa 480 where the specification in con- tract for public improvement con- tained minimum wage scale, which scale was higher than that paid local labor, cited numerous cases with approval which held that imposing a minimum wage or a fixed wage scale in public con- tracts was illegal. In this case, however, the Supreme Court held, that while it still approved the rule that such provisions have a , 1961 9, Session, February CITY COUNCIL 32 Adiourned Regu ruary 9, 1961. Council met at 7:30 P.M, Present-Mayor Schreiber, Coun- cilmen Rean, Schaller, Schuener, Takos. City Manager Gilbert D. Chavenelle. Feb. Adjourned Regular OFFICIAL lar Session, 1961 Hon. Mayor Dubuque, Iowa Gentlemen: At a recent City of DUbuque Council meeting the question was raised whether a provision could be inserted in contracts between the City and contractors, in pub- lic improvements requiring the contractor to employ Dubuque la- bor. January 23, and City Council 35 in an un-named amount for per- sonal injuries received by said John Kramer as the result of a fall south of the 15th street steps on January 2, 1961, presented and read. Councilman Schaller moved that the notice of claim be referred to the City SoHetor for investiga- tion and report. Seconded by Coun. cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Notice of claim of Mathilda A. Wild, in an un-named amount, for personal injuries received in a fall on a defective sidewalk at or near 690-98 Main Street on January 5, 1961, presented and read. Council- man Schaller moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. Notice of Suit of Doris Sundberg, in the amount of $16,000 for per- sonal injuries received in a fall on the east side of Jackson Street on February 7, 1960, presented and read. Councilman Schaller moved that the notice of suit be referred to the City Solicitor for investtiga- tion and report. Seconded by Coun- cilman Takos, Carried by the fol. lowing vote: Yeas-Mayor Schreiber, Council. Kean, Schaller, Schueller, Ta- men koso Nays-None. Notice of claim of Mrs. Robert G. Ogaard, in an un-named amount for personal injuries received in a fall in the parking lot at 9th & Bluff street on January 19, 1961, presented and read. Councilman Takos moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Schreiber. Car. ried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None, ~ ,I ! " i[ , 'I 'I I' I II II i~ I'i i,i i ....' ;,' :'; l~t jil' 1."1 'i: Ii: Iii !!i I', 'I' I II ,.,11, I il I Ii 1961 9, Adjourned Regular Session, February settlement in the amount of $75,00 be accepted and that the City Audi- tor be instructed to draw a warrant payable to Mrs. Loretta Donahue and, Kenline, Roedell, Hoffmann & Reynolds, her attorneys and to de. liver the same upon receipt of a duly executed release. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Takas moved that the recommendation of the City Attorney be approved and the Audi- tor instructed to issue a warrant payable to Mrs. Loretta Donahue and Kenline, Roedell, Hoffmann & Reynolds, her attorneys and deliver the same upon receipt of a duly executed release. Seconded by Councilman Kean. Carried by the fcllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Notice of Suit of Joan M. Saul, in the amount of $3100. plus costs as the result of personal injuries re- ceived in a fall at the City Hall on January 23, 1959, presented and read. Councilman Schaller moved that the notice of Suit be referred to the City Solicitor for investiga- tion and report. Seconded by Mayor Schreiber, Carried hy the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. . ':- , Nays-None. Notice of claim of Donald D. Feltes, in the amount of $7,00, for broken dishes as the result of blast. ing done by Hennessey Bros. duro ing the construction of the Kauf- mann Avenue sewer on January 16, 1961, presented and read. Coun. cilman Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schrei- ber. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. Notice of claim of Clarence W. Kramer, guardian of John Kramer, . Councilman Schaller moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. January 31, 1961 Hon, Mayor & City Council City Hall, Dubuque, Iowa. Gentlemen: On Jsnuary 16, 1961, Neil Hart. ford of 431 Loras Blvd" Duhuque, Iowa, filed his claim against the City of Dubuque in the amount of $12.50 for damages to his vehicle by reason of striking a chuck hole in the street at the intersection of Catherine SI. and W, 17th St., which damage was allegedly suf- fered on December 27, 1960. I have made an investigation of this claim and find that there was no actionable negligence on the part of the City of Dubuque and therefore recommend that said claim be denied. Original claim is returned here- with, Respectfully suhmitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved, Seconded by Mayor Schreiher. Carried by the following vote: Yeas-Malor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. February 1, 1961 Hon. Mayor and City Council Dubuque, Iowa Gentlemen: On May 31, 1960, Mrs. Loretta Donahu ~ filed her claim for dam. ages in the amount of $900.00 by reason of a fall on May 7, 1960, on an alleged defective sidewalk at or near 2083 Central Ave., Du- buque, Iowa, at a point where the brick sidewalk joined the cement sidewalk on the west edge of said sidewalk. I have made an investigation of this matter and have conferred with the attorney for the claimant who has made an offer of settle- ment in the amount of $75.00, It is the recommendation of the City Attorney that said offer of 9, 1961 Adjourned Regular Session, February February 8, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit to you the report of the Audit for the City of Dubuque Water Department for the calendar year 1960. Respectfully submitted, Gilbert D, Chavenelle, City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Puhlisher, of Statement of Receipts and a list of claims for which warrants were issued for the month of December 1960, pre. sented and read. Councilman Takos moved that the proof of publication be reo ceived and filed. Seconded by Councilman Schaller. Carried by the fOllowing vote: Yeas-Mayor 'Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Fehruary To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the Annual Reports of the City Auditor, City Treasurer and City Health Depart- ment for the fiscal year beginning January 1, 1960 and ending Decem- ber 31, 1960, Respectfully submitted, Gilbert D, Chavenelle, City Manager Councilman Takas moved that the reports be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas--Mayor Schreiber, Council. men Kean, Schaller, Schueller. Takos. Nays-None. 1961 34 claims and payrolls for rants were issued for of December, 1960. Respectfully submitted, Gilbert D, Chavenelle, City Manayer which war. the month 1, ~ by Councilman the following 37 OROINANCE NO. 5-61 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance N Q. 3-34, designated the Zoning Ordinance, so as to change the herein de- scribed area (Lot 1 of Conners Grandview Plaee) from Single Family Residence District Classi- fication to Multiple Family Resi- dence District Classification, pre- sented and read. Councilman Schueller moved that the reading iust had be con. sidered the first reading of the Ordinance. Seconded by Council- man Schaller. Carried by the fol. lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on February 27, 1961, at 7:30 o'clock P,M, in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. proved. Seconded Kean. Carried by vote: Yeas-Mayor Schreiber, Councn Kean, Schaller, Schueller ORDINANCE NO. 6-61 An Ordinance Amending Ordi- nance No. 53-55 of the City of Du- buque, by Repealing Section 12 thereof and enacting a new Sec- tion 12 in Lieu Thereof, presented and read. Councilman Schueller that the reading just had moved be con- Adjourned Regular Session, February 9, 1961 men Takos. Nays-None. sidered the first reading of the Ordinance. Seconded by Council- man Schaller, Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Takas. Nays-None. Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on February 27, 1961, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has considered the petition of Margaret J. Conners requesting re- zoning of Lot 1 of Conners Place to Multiple Family Residence Dis- trict. This area fronts on unopened Ro- wan Street and is adj acent to Grandview Park and to the rear of dwellings on South Grandview Av- January 20, 1961 enue. The area due to its full frontage on a major highway lends itself better to Multiple Family develop. ment rather than single family and the Planning & Zoning Commission recommends granting of the peti- tion. Respectfully submitted, Dubuque Planning & Zoning Commisison By OWEN RlLEY, Sec. Councilman Schaller moved that the recommendation of the Plan- ning & Zoning Commission be ap- r '1 . OROINANCE NO. 4.61 An Ordinance Amending the Zoning Map and the Zoning Ord- inance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordin. ance so as to change the here. in described area (Blocks 9 to 19 of River Front Sub. No.3) from Heavy Industrial District Classifi- cation, to Restricted Industrial Classification presented and read. Councilman Schueller moved that the reading just had he con- This property is located on Ker- per Boulevard and the Dock Com- m i s s ion has recommended this change. The Planning & Zoning Com- mission recommends the a b 0 v e change in Zoning Classification. RespectfUlly submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schaller moved that the recommendation of the Plan. ning & Zoning Commission be ap- proved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Gentlemen: Herewith submitted for your con- sideration is amendment to the Zoning Ordinance changing Blocks 9 to 19 in River Front Sub, No, 3 from Heavy Industrial District to Restricted Industrial District Class- ification. Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. 1961 Councilman Schueller mover that a public hearing be held on the Ordinance on February 27, 1961, at 7:30 o'clock p.m. in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner reo quired by law. Seconded by Mayor Schreiber. Carried by the following vote: January 20, To the Honorable Mayor and City Council Dubuque, Iowa 1961 9, Adjourned Regular Session, February Ordinance No. 3-61 An Ordinance Amending the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34, desig. nated the Zoning Ordinance, so as to change the herein described area (Lots 1 & 2 of Kelly Byrne Place) from Multiple Family residence dis- trict to Local Business District "AU classification, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Schreiber. Car- ried by the following vote: Yeas- Mayor Schreiber, Council- men Kean, Schaller, Schueller Ta- koso Nays-None. Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller Ta- koso Nays-None. January 20, To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Francis E. Kelly and William J. Byrne requesting rezoning of Lots 1 and 2 Kelly Byrne Sub. and supporting petition of residents of Clara Street has been considered by the Planning & Zoning Commission. Due to the nature and location of this property it lends itself to development other than residential. The Planning & Zoning Com. mission recommends the petition be granted. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller m 0 v e d that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. 1961 36 ---:--- "1 I " Iii i'll '1i 'I !' \ , , 1 , , , I I ! I " !! :i :1 :1 i!1 !!I II l~ :i ~ , :, ;i ",lIl. :: 'I:; , iil j I" . ;f ~ ~ il'l " !ii II! i'l II ,I I' ,I 'I' ,il I~ I I I I I I I Passed adopted and approved this 9th day of February A.D. 1961, t)y unanimous roll call vote. JOHN P. SCHREIBER, Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: Leo F. Frommelt City Clerk Published officialIy in The Tele- ,g-raph-Herald newsaper this 14th day of February 1961. LEO F. FROMMELT City Clerk 39 9, 1961 Session, February Passed, adopted and apvroved this 9th day of February A.D. 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- gravh-Herald newspaper this 14th day of February 1961. LEO F. FROMMELT, City Clerk Adjourned Regular ~ It. 2/14 Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Civil the ORDINANCE NO. 9.61 An Ordinance creating a Defense Administration for City of DUbuque, Iowa, to serve in the event of major man-made disasters or natural disasters; to provide for a director and deputy director thereof; to define the pow. ers and duteis of a Director and Deputy Director and to authorize the receipt and expenditure of funds incident to the administra- tion thereof, presented and read. Councilman Schueller moved that the reading just had be Con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow. ing vote: Yeas-Mayor Schreiber, Council Kean, Schaller, Schueller, Ta Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. ORDINANCE NO. 9-61 \n Ordinance creating a Civil De- fense Administration for the City of Dubuque, Iowa, to serve in the event of major man-made disasters or natural disasters; to provide for a Director and Dep_ uty Director thereof; to define the powers and duties of a Di- rector and Deputy Dir~tor and to authorize the receipt and ex- penditure of funds incident to the administration thereof. men koSo Nays-None. It. 2-14 Councilman Schueller moved the adoption of the Ordinance. Sec. onded by Mayor Schreiber. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. NaYs-None. ORDINANCE NO. 8-61 An Ordinance Amending Ordi- nance No, 33-49 of the City of Dn- buque, Iowa, by adding a new Sec- tion 96 to Schedule VI thereof, pre- sented and read. Councilman Schueller moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council. man Takos. Carried by the follow- ing vote Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Nays-None. Councilman Schueller 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 Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. ORDINANCE NO. 8.61 A.n Ordinance Amending Ordinance No. 33-49 Of The City of Du~ buque, Iowa, by adding a new Section 96 To Schedule VI There_ of Now Therefore Be It Ordained By The City Council Of DUbuque, Iowa: Section 1. That Ordinance No. 33-49 be and the same is hereby amended by adding a new Section 96 to Schedule VI thereof as fol~ lows: "Schedule VI. 96. The north side of 'Vest Third Street between Central A venue and Iowa Street." "'" ~- '" I' 7-t i I I '" i J 9, 1961 Councilman Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. ORDINANCE " , ! . ! ~ NO. 7-61 An Ordinance Amending Ordi. nance No. 33-49 of the City of Du- buque, Iowa, by Repealing Section 16.35 thereof and by enacting a new Section 16.35, presented and read. Councilman Schueller moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Mayor Schreiber. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso NaYs-None. ORDINANCE NO. 7.61 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SEC- TION 16.35 THEREOF AND BY ENACTING A NEW SEC- TION 16.35. NOW THEREFOR BE IT OR- DAU,TED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 be and the same is hereby amended by rel1eaIlng Section 16.35 thereof and by enacting a new Sec- tion 16.35 as follows: "Section 16.35. After signs have been erected giving notice thereof. it shall be unlawful to park any vehicle on Friday, between the hours of 8 A.M. and 12 Noon, on the west side of Elm St. between its inter- section at Twentieth Street to its intersection at Twenty- Second Street. or on the east side of Washington Street where it intersects at Twen- tieth St. to the intersection of TwentY-Fifth St., or on White St. where it intersects at Twentieth Street to Its inter- section at Twenty-S e con d Street, or on Jackson Street where it intersects Twentieth Street to its intersection at Twenty-Second Street." ~. Adjourned Regular Session, February sidered the first reading of the Ordinance. Seconded by Council- man Schaller. Carried by the fol. lowing vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. IIII Councilman Schueller moved that the rules be suspended reo quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. ORDINANCE NO. 6.6 ORDINANCE AM E N 01 N G ORDINANCE NO. 53-55 OF THE CITY OF DUBUQUE, BY REPEALING SECTION 12 THEREOF AND ENACTING A NEW SECTION 12 IN LIEU THEREOF: NOW TH.EREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 53-55 of the CIty of DUbuque be and the same is hereby amended by repealing Section 12 thereof and by enacting a new Section 12 in lieu thereof as follows: "Section 12. The provisions of this Ordinance shall not apply to judicial sales. sales by pub- lic officers. sales by Executors, Administrators or Guardians or to auction sales regularly con- ducted as part of and incidental to the operation of an estab- lished business, provided, how- ever, that the merchandise auctioned for sale be limited to and restricted to secondhand or used merchandise only, and such fact prominently display- ed at such auction sales." Section 2. This Ordinance shall be in full force and effect from and after its final passage. adop- tion and publication as by law provided. Introduced the 9th day of Febru- ary, 1961. Rule requiring reading on three separate days suspended by unani- mous vote the 9th day of Febru- ary, 19-61. Passed by recorded roll call vote. adopted and approved this 9th day of February, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially In the Tele~ graph-Herald Newspaper this 14th day of February 1961. LEO F. FROMMELT, City Clerk 2-14 It 38 I I I I . I I ~ 41 Schueller, Ta- Petition of Neil Herburger et al residents of the 3200 block on As- bury voicing no objections to re- Petition of United Spanish War Veterans requesting permission to sell carnations on April 28 and 29 and May 1, 1961, presented and read. Councilman Schueller moved that the petition be granted pro- viding there are no conflicting dates. Seconded by Mayor Schrei- ber. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays--None. Petition of Daughters of Union Veterans of the Civil War request. ing permission to hold a tag day on May 5, 6 and 8th, 1961, pre. sented and read. Councilman Schueller moved that the petition be granted providing there are no conflicting dates. Seconded by Ma. yor Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Petition of Roy B. Baker et al requesting the installation of storm and sanitary sewers on the upper end of Shiras Avenue, pre- sented and read. Councilman Schaller moved that the petition be referred to the City Manager and Engineering Department. Sec- onded by Councilman Kean. Car- ried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Petition of Mrs. Roy A. Sarazin et al requesting the erection of a street light on Kirkwood Avenue between Cox and Blake streets, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Electrical Inspector for inves. tigation and report. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. 1961 Schaller, 9, Adjourned Regular Session, February men Kean, koso Nays-None. Councilman Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. An Ordinance Amending Dock Board Ordinance No.1-57 by Re- pealing Section 4 thereof and by enacting a New Section 4 in lieu thereof, presented and read. Councilman Takas moved that the Ordinance be received and filed after proper publication. Sec- onded by Councilman Kean. Car- ried by the fOllowing vote: Yeas-Mayor Schreiber, Council DOCK BOARD ORDINANCE NO. 1-61 AN ORDINANCE AM END I N G DOCK BOARD ORDINANCE NO.1-57 BY REPEALING SEC_ TION 4 THEREOF AND BY ENACTING A NEW SECTION 4 IN LIEU THEREOF. BE IT ORDAINED BY THE DOCK BOARD OF THE CITY OF DUBUQUE, IOWA; section 1. That Dock Board Or- dinance No.1-57 be and the same is hereby amended by repealing Section 4 thereof and enacting a new Section 4 in lieu thereof: "Seetin... 4. Mooring permits may be obtained from the Dock Board by making application ther~for on forms provided by the Dock Board Manager and paying an annual permit fee as follows: (a) For commercial space: 1. $2.00 per linear foot per year for space rented In open waters and unsheltered areas, 2. $4.00 per linear foot per year tor space rented in sheltered waters and shelter- ed harbors. (b) For Pleasure craft space: 1. $1.00 per linear foot per year for space rented in open w ate r sand unsheltered areas, 2. $2.00 per linear foot per year for space rented in sheltered waters and shelt- ered harbors." Section 2. The Secretary Is here- by directed to cause a certified copy of this Ordinance to be transmitted to the City Clerk and to keep a copy of the same posted in a conspicuous place in the of- fices of the Dock Board. Passed and adopted this 23rd day of January, A.D. 1961. ARNOLD A. CAITHAM, President J. :T. "\\T ALTZ, Secretary IRVIN OETH, Commis- sioners Attest: :T :T. 'VaItz, Secretary. Published officially in the Tele- graph-Herald Newspaper this 14th day of February 1961. LEO F. FROMMELT, 't 2/14 City Clerk. DOCK BOARD ORDINANCE NO. 1.61 t . . , 9, 1961 ate fund any reimbursement by the State to the City of Dubuque for expenses incident to training members of the civil defense, com- pensation for services and ex- penses of members of a Mobile Support Team while serving out- side the municipality in re':3ponse to a call by the Governor or State Director of Civil Defense, as pro- vided by law, and any other re- imbursement made by the State incident to civil defense activities, as provided by law. Section 8. (Purchases and Ex- penditures) The City Council of Dubuque may on recommendation of the Director of Civil Defense, authorize any purchase or con- tracts necessary to place the municipality in a position to com- bat effectively any disaster re- sulting from the explosion of any nuclear or other bomb or missile, and to protect the public health ,;no safety, protect property, and provide emergency assistance to victims in the case of such dis- aster, or from natural disaster. Section 9. (Oath) Every person appointed to serve in any capacity in the municipal civil defense or- ganization shall, before entering upon his duties, subscribe to the following oath, which shall be med with the Direct0r: "I .... ."_ _..........., of the Civil Defense Organization of Dubuque, Iowa, do solembnly swear (or af- firm) that I wlll support and de- fend and bear true faith and al- legiance to the Constitution of the United States and the Con- stitution of the State of Iowa, and the territory, institutions and facilities thereof, both public and private, against all enemies, fore- ign and domestic; that I take this oblig-ation freely, without any mental rt'servation or purpose of eya"ion; and that I will well and faithfully discharge the duties upon which I am about to enter, and I do further swear (or affirm) that T do not advocate, nor am I nor have I been a member of any political party or organiza- tion that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the Civil Defense Organization, I wlll not advocate nor become a mem- her of any political party or or- grmization that advocates the over- throW of the government of the enited States or of this State hy force or violence." Section 10. The Dubuque Cit;l-' Council may appropriate and ex- v~nd public funds for the pur- p')ses of civil defense as is by 111 w provided. Passed, adopted and approved this 9th day of February, A.D. , !.Hil by unanimous roll call vote. JOHN P. SCHREIBER, Mayor LEO N. SCHUELLER, LOUIS SCHALLER, JAMES J. KEAN, PETER :T. TAKOS, Councilmen Tele- 14th Leo F. Frommelt, City Clerk. Published officially in the graph-Herald newspaper this dny of February, 1961. Leo F. Frommelt, City Clerk. Adjourned Regular Session, February 2/14 AUf'S 1IIII It, Be It Ordained by the City Council, City of Dubuque, Iowa: Section 1. (Establishment) There is hereby created the local mu- nicipal civil defense organization to prevent, minimize, repair, and alleviate injury or damage result- ing from disaster caused by enemy attack, sabotage, or other hostile action, or from natural disaster, ill accordance with "The Iowa Civil Defense Act of 1959," as amended. This civil defense organization l:\hall consist of the Director and a Deputy Director and additional members to be selected by the Director. Section 2. The Director and Deputy Director of the Dubuque Civil Defense Organization shall be appointed by the City of Du- huque City Manager. 'I'he Director and Deputy Di- rector shall have the direct re- f<ponsibility for the organization, administration, training and opera- tion of the Civil Defense Organiza- tion, subject to the direction and control of the City Council of Du- buque. Tn the event of the absence, re'"ignation, death or inability to !'IE-rve, of the Director, the Deputy Director shall be and act as di- rector until a new appointment is made as provided in this Or~ dinance. Section 3. The Dubuque Civil Defense Organization shall perform such civil defense functions within the City of Dubuque as shall be pn-scribed in and by the State Civil Defense Plan and Program prf2pared by the Iowa Civil De- fE-nse Administration and such orders, rules and regulations as may be promuigated by the Gov- ernor of the State of Iowa. Section 4. The Director of Civil Defense Organization may negoti- ate Mutual Aid agreements with other municipal corporations or political subdivisions of the State, but no such agreement shall be effective until it has been ap- proved by the Dubuque City council and by the State Director of Civil Defense. Section 5. If the Governor de- clares that a civil defense emerg- en{'y exists in the event of actual enemy attack upon the United States or the occurrence within the State of Iowa of major disaster resulting from enemy sabotage or other hostile action or from natural disaster, it shall be the duty of the Dubuque Civil De- fense Organization to cooperate fully with the State Office of Civil Defense Administration and with the Governor in the exercise of e-mergency powers as provided by law. Section 6. Members of the Civil Defense Organizations who are paid employees or officers of the City of Dubuque, if called for t,aining by the State Director of Civil Defense, shall receive for time spent in such training the ~'ame rate of pay as is attached to the position held; members who are not such municipal employees or officers shall receive for such training time such compensation as may be established by the Du- buque City Council. Section 7. (Reimbursement by State) The City Treasurer may re- ceive and allocate to the appropri- 40 ;! '1 i! 'I Ii "I I I I I 1 ' 11 Iii I I II, ! I [ I [ I I I I 1 I , : i ! I i i 'I 43 ~ labor and materials and performing the work as provided for in the plans and specifications; now there. fore, BE IT RESOLVED by tbe City Council of the City of Dubuque that the contract for the above mention- ed improvement be awarded to Thos. Flynn Coal Company Du. buque Iowa and the Manager be and he is hereby directed to ex- ecute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. 1961 Adjourned Regular Session, February 9, to Lot N", 2 of 1 of 3 of M. L, 261, presented and read. Councilman Takos moved that the proof of pub- lication be received and filed. Se- conded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. file for 9th day SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. RESOLUTION NO. 21-61 WHEREAS, the City Manager has heretofore entered into a contract for and on behalf of the City of Dubuque, Iowa, with Dale B. Wie- gand for the Purchase of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Min- eral Lot 337 in the City of Dubuque, Iowa, according to the recorded plat thereof, consisting of approxi- mately six (6) acres more or less for the sum of Two Thousand ($2000.00) Dollars per acre or a total amount of Twelve Thousand ($12,000,00) Dollars at the request and direction of the Dubuque Re- creation Commission, and WHEREAS, the purchase of said real estate is in the best public interest. and placed on this Approved one week. Passed and adopted of February, 1961. JOHN P. 1961 Ti the Honorable and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m, Monday, February 6, 1961, for the Wilbricht Lane Sani. tary Sewer. The lowest bid was submitted by the Thos. Flynn Coal Company. Their bid was 8,65% under the estimate. A tabulation of the bids submitted is attached, I recommend that the contract for the improvement be awarded to the Thos. Flynn Coal Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved the ap- proval of the recommendation. Se- conded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. RESOLUTION NO. 20-61 (Awarding Contract) Whereas, sealed proposals have been submitted by contractors for the construction of an eight inch (8") sanitary sewer beginning at the existing sanitary sewer in St. Anne's Drive, thence northerly through Lot 2 of 1 of Lot 1 of Chaney Place to Lot No, 1 of Lot 2 of Wilbricht Place, thence westerly to Lot No, 2 of Lot 1 of Lot 3 of Mineral Lot 261. pursuant to Resolution No. 6-61 and notice to bidders publiShed in a newspaper published in said City on January 6, 1961 and January 13, 1961; and WHEREAS, said sealed proposals where opened and read on Feb- ruary 6, 1961, and it has been deter. mined that the bid of Thos. Flynn Coal Company of DUbuque, Iowa in the amount of $2480.25 was the lowest bid for the furnishing of all 6, February Mayor , ~, '.,1 II ~.r.. ~"~ Ij -t, i 1'( ; K ~ . 9, petition be referred to the Planning & Zoning Commission. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor men Kean, Sch koso Nay' ~None. Petition of Hartmann Construc- tion Co. requesting the vacation of an existing un-named street and alley in Hartmann Subdivision on Broadway Extension, presented and read. Councilman Takos moved that the petition be referred to the Plan- ning and Zoning Commission. Se- conded by Councilman Takos. Car- ried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Petition of C. J. May Jr. in behalf of George A. Saffran requesting the erection of street lights in Marycrest Subdivision, comprised of Mesa Drive, Altura Drive, and Cerra Drive, presented and read. Councilman Schaller moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. f:econded by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Petition of Delbert & Mary Hay- ford requesting rezoning of LoU of 1 of 1 of 1 of 1 of Slattery's Subdivision to Local Business Dis- trict "A" classification, presented and read. Councilman Takas moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. 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 Wil. bricht Lane Sanitary Sewer begin- ning at the existing sanitary sewer in St. Anne's Drive, thence north- erly through Lot 2 of 1 of 1 of Chaney Place to Lot No. 1 of 2 of Wilbricht Place, thence westerly 1961 Schreiber, Council- aller, Schueller, Ta- Adjourned Regular Session, February zoning Lots 1 & 2. Neil Place and Lot 1 of 1 of 1 of 2 of 2 of 3 of 1 in Highland Farm to Local Busi- ness District A presented and read. Councilman Takos moved that the petition be referred to the Planning & Zoning Commis. sion. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- Kean, Schaller, Schueller, Ta. -- men koso Nays-None. Petition of William T. Connery & Eldon T. Herrig requesting the grading, curb and gutter, of Sam- uel Street from Levi and Samuel to Southern Avenue, presented and read. Councilman Takas moved that the petition be referred to the 1961 curb and gutter street improvement program. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Petition of M. P. Hogan Insur~ ance agent requesting release of an excavation bond issued by the American Surety Co., in behalf of Saffran Construction Company, dated Aprii 30, 1953, presented and read. Councilman Takos moved that the request be granted. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Petition of Dubuque Plumbing & Heating Co. requesting permission to excavate in the streets and al- leys of the City, presented and read. Councilman Schaller moved that the petition be granted. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Petition of North End Auto Wrecking Co. requesting the exten- sion af the Light Industrial District Zoning Classification to include Lot 1 of 2 of 1 of 1 of 1 of Heim's Sub- division, presented and read. Coun- cilman Schueller moved that the 42 Iii.' I":.' ; , I I I I I II I I I I...'. , 'I' i Ii . 'I ~' ~~ 1~ 1'1 " Ii , ~i I Ii i , 45 (Necessity for Improvement: RESOLUTION NO. 25-61 WHEREAS, proposed plans, spec. ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file iu the office of the City Clerk showing among other things the fOllowing. 1. The size and kind, 2. An estimate of the cost of the proposed improvement. for the construction of a Storm Water Pumping Unit and all ap. purtenances to be installed and placed in operation at the existing pumping station on the City of Dubuque Flood Control Levee be. tween 12th St. and 16th St. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the pUblic welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the. City Clerk. That the cost and expense of making said improvement will be paid from the City of Dubuque 1960 Storm Sewer proiect. Passed ,adopted and approved this 9th day of February. A,D. 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOU1S SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen Attest: LEO F, FROMMELT. City Clerk Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 24-61 ~ The, above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 9th day of February, 1961. placed file Approved and for final action. Approved: JOHN P. SCHREIBER Mayor LEO N. SCIillELLER LOlliS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen LEO F. FROMMELT, City Clerk on Attest: Section 1. That the City Clerk be and he is hereby ordered to publiSh notice of proposal to dispose of real estate, and receipt of sealed bids for the purchase thereof, and that the date of hearing on said proposal to dispose of real estate be and the same is fixed for the 6th day of March, 1961. at 7:30 o'clock ,p.m. in the City Council Chamber in the City Hall in the City of Dubuque, Iowa. Passed adopted and approved this 9th day of February A. D, 1961, by unanimous roll call vote. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOlliS SCHALLER JAMES J. KEAN PETER J. TAKOS Couneilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays~None. February To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I have received a recommenda- tion from the Fire Chief for the purchase of a 1000 G.P .M, Pumping Engine which is included in the budget for 1961. I concur in the recommendation and request the, Council to author- ize advertising for sealed bids to be received at 10:00 A.M, March 6,1961. 9, 1961 Adjourned Regular Session, February NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the expenditure of the sum of Twelve Thousand ($12,000.00) Dollars drawn from the Rafferty Park Land Sales Fund for the purchase from Dale B. Weigand of the real estate hereinabove de- scribed, be and the same is hereby approved. Section 2. That delivery of War- ranty Deed executed by Dale B, Wiegand conveying to the City of Dubuque, Iowa, the real estate hereinabove described, be and the same is hereby accepted and the City Clerk is ordered to record said Warranty Deed in the office of the Dubuque County Recorder. , Preliminary estimate and the proposed plans, specifications, form of contract, and all other docu- ments for the construction of a storm water pumping unit and all appurtenances to be installed and placed in operation at the existing pumping station on the City of Du- buque Flood Control Levee be- tween 12th Street and 16th Street, at an estimated cost of $73,320" presented and read. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 22-61 WHEREAS the City of Dubuque, Iowa, is the owner of the fOllowing described real estate: Respectfully submitted, Gilbert D, Chavenelle City Manager Mayor Schreiber moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Takos, Nays-None. RESOLUTION NO. 23-61 WHEREAS IT BEING REPRE. SENTED TO THE COUNCIL THAT THE FIRE DEPARTMENT 1961 Adjourned Regular Session, February 9, OF THE CITY OF DUBUQUE IS IN NEED OF A TRIPLE COM. BINATION PUMPING FIRE EN- GINE. NOW THEREFORE. BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That spe.cifications be prepared for the type and quality of fire engine best suited for the needs of the City of Dubuque which specifications shall be prepared by the Chief of the Fire Department and the City Manager. Secllon 2. That the City Clerk be and he is hereby dire.cted to ad- vertise for bids and that the 6th day of March, 1961 at 10:00 o'clock A.M. be fixed as the date for tabu- lation of said bids. 1961 1, Passed adopted and approved this 9th day of February, A. D, 1961, by unanimous roll call vote. JOHN p, SCHREffiER 'Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, N ays--N one. Lot One (1) of O'Hea Subdivision in the City of Dubuque, Iowa, and WHEREAS the above described real estate is no longer needed for any public purposes; and WHEREAS it would serve the best interest of the public that said above described real estate be disposed of hy the City of Du- buque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE, IOWA: 44 47 The plat has heen approved by the Planning & Zoning Commission. Respectfully submitted, DUbuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schaller moved that the communication be received and filed. Seconded by Councilman Kean, Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council Kean, Schaller, Schueller, Ta. 9, 1961 Adjourned Regular Session, February RESOLUTION NO. 27-61 WHEREAS, the City Council of Dubuque, Iowa, on the 15th day of April, 1960, caused to be issued a Class "B" Beer Permit bearing the number 38 to Louis J, Wright, of Dubuque, Iowa, operating at 2600 Jackson S t r e e t, Dubuque, Iowa; and of RESOLUTION NO. 28-61 RESOLUTION Approving Plat "Kieffer Place" WHEREAS there has been filed with the City Clerk a plat in which Lot CIA", Lot 1 of Lot 1, Lot 2 of Lot 1, Lot 2 of Lot 2, Lot 1 of Lot 2, Lot 2 of Lot 3, and Lot 1 of Lot 3, each of "Joseph Vogt Subdivi- sion" in the City of Dubuque, Iowa is platted as "Kieffer Place" in tbe City of Dubuque, Iowa, and, WHEREAS said plat has been evamined by the City Plan Com~ mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 9th day of February A.D" 1961. JOHN p, SCHREmER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- men koso Nays-None. WHEREAS, it has come to the attention of the City Council that the owner of said permit has for- feited a $100,00 bond on charge of violating Section 19 of Ordinance 9-35, same being the Beer Ordin- anCe of the City of Dubuque, Iowa, passed pursuant to Chapter 124 of the Code of Iowa, NOW, THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Class "B" Beer Permit num. ber 38 heretofore issued to Louis J. Wright of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancel- lation. Passed, adopted and approved this 9th day of Fehruary 1961, hy roll call vote. JOHN p, SCHREmER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council. men Rean, Schaller, Schueller, Ta. kos, ' Nays-None. ~ 1961 To the Honorable and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your con- sideration is Final Plat of. Kieffer Place. This subdivision is located at Kaufmann Avenue and Kane Street, 1961 resolution have on file with the Clerk objections to the amount of the proposed cost, they shall have been deemed to have waived all ob- pections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 9th day of Fehruary, 1961. JOHN P. SCHREmER Mayor Councilman Takos moved the ad- option of the, resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schrl men, Kean, Schall Takos. Nays-None. Attest 20, January Mayor 9, Session, February Councilman Takos moved the ap- proval of the resolution. Seconded by Councilman Schueller. Carried by the fOllowing vote: Yeas - Mayor Schreiber, Coun- cilmen Ke,an, Schaller, Schueller, Takos. Nays-None. LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen LEO F, FROMMELT, City Clerk ~iber, Council er, Schueller I , 1961 Gentlemen: On January 16, 1961, Louis J, Wright, 2600 Jackson Street was charged with making beer available to minors in violation of Section 19 of Ordinance 9-35. On January 17, 1961, Louis J, Wright forfeited a $100,00 bond in the Police Court of the City of Dubuque for violation of this ordin- ance. I therefore recommend that the Class uB" Beer Permit, #38, issued in the name of Louis J. Wright, be revoked. Respectfully submitted, Gilhert D. Chavenelle City Manager Mayor Schreiher moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Adjourned Regular 46 Attest: (Fixing Date of Hearing) RESOLUTION NO. 26-61 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 24-61 given its pre. liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of the Storm Water Pumping Unit and all appurtenances to be installed and placed in operation at the existing pumping station on the City of Dubuque Flood Con- trol Levee between 12th Street and 16th Street and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED THAT the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 180 days after notice to proceed is issued. BE IT FURTHER RESOLVED that on the 13th day of March, 1961, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Du- buque at which ttime, the owners of property may appear and make objection to the proposed plans and specifications and proposed form of contract and, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity, and the City Clerk be and he is hereby directed to cause a notice of the, time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said 8, Fehruary l\~ayor To the Honorable and City Council Dubuque, Iowa 6y T96T '6 A.Iaruqa.'l 'UO!s""S .l1l[l1llau paumo!pv 'aUON-sAeN 'so'(e.1 '.tenanqas '.Iaueqas 'ueex uawna -uno;) '.Iaq~a.ups JOAeW - seaA :alOA JlUf4\01l01 aql Aq pap.IeO 'uea}! aeronaUTIO;) Aq papuoaas 'u.mar -pe Ot paADW .Iarreqas UBWUJUnO;) ssau!snq J9q}.In] OU ~u!aq .W}tU. 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SS8.1pPY eweN 'aUON-SA8N 'soll -e.L '.rananqas 'Januqas 'uea)! uam -Ipuno;) '.raqraJqas JOAew:-seaA :aloA JlU!^,01l01 aql Aq paJ.IJ80 'so~e.L uemUJuno;) Aq pa -pUOOlaS 'uonnlosaJ aq1 JO uondope aql paAom Jaueqas uewuauno;) '(JaJ:) Al!O .L'I:;[WW01li ..!! O:1l'I :lsanv laaJlS uos'(oe r cozc Ja'(ewlaJle N ':1l peo 'aA V qlqJl!:1l LC aAo'I 'f qlauua)l 'aAV JlJaqwolflI lCt PJel -HII aarUJaa: pue pJeU!H 'd qdasor anuaAV 'IS aJlpoa ClCl '00 'lS aJlpoa 989Z ea.L 'moed 'i 'nuellv .lIWlI5Id ":I,, SS..,,:I Sy UlO'u!'I 999Z ',u[ 'qnlO laOll anbnqna Bn':I 3.L..,AllId 110.1 .llWll5ld "B" SS..,,:I ea.1 IuuO!leN '00 leaJD al/.L SS.uppy .llWll5ld 'An;) aql JO saaueuTpJo aql }O sWJa1 alfl ql!/d aauendwoa aql uodn panssT aq sasuaaH pue paluu8 aq SuoneaHdde 2UT/d01I0} a1.Jl lel{l anbnqna }O All;) aql }O uauno;) Al!O aql Aq U:;[A'IOS:1llI .LI :1l1I ':1llIO.!!:il1rnHJ. 'MON :pauyw8xa uaaq aAeq awnS a1.Jl pue 18Ao.Idde JO} uaunoo SJ1.Jl 01 panrwqns uaaq aAsq SnW.Iad Jaall J01 suone'ndde 'SV:ilmlHM 1911& 'ON NOI.ln'OS5IlI "g" lJUO 'aAV qlqJl!:;[ LC aAo'I T qlaUUa}! 'aA V JlJaqwolflI lCt PJUT 'lm a,!uJalI pue PJUlI!H . d qdaso r eweN laaJ1S uos'(,er COZC 'Ja'(ewlaJleN ':;[ SS..,,:I i , I I I I I I ,i \ BE IT RESOLVED by the City Council of the City of DUbuque that pursuant to a resolution of neces- sity NO, 15.61 which was duly passed by this Council for the con- struction of the Fengler Street Overpass and Approaches be and the same are hereby ordered and contructed by this Council upon its own motion and with or without the petition of property 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 improvements be paid from the Street Construction Fund and the Chicago, Milkaukee, St. Paul and Pacific Railroad Company as per agreement as dated August 1, 1960, after the work has been com- pleted and accepted by the City Council. 51 1961 (Ordering Construction) RESOLUTION NO. 33-61 WHEREAS, the City Council met in special session this 20th day of February, 1961, at 7:30 o'clock p.m, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consid- ering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT 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 February, 1961, JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the fOllOWing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller. Ta- kos, Nays-None. BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci~ fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a matter of pennanent reo cord in connection with said im- provement. Passed, adopted and approved this 20th day of February, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen LEO F, FROMMELT City Clerk I . lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deem~d to have waived all ob. jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared 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 expense of making said improve~ ment will be paid from the Street Construction Fund and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company as per agree. ment dated August 1, 1960, The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 16th day of January 1961, Approved and placed on file for final action. ~ 1001 February To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your directions, seal. ed bids were received until 10:00 a.m, Monday, February 20, 1961, for the Fengler Street Overpass, 20, Attest: Mayor Schreiber moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. , Decision of. Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 32-61 WHEREAS, proposed plans and specifications and form of contract for the construction of the Fengler Street Overpass and Approaches have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob. jections to said plans, specifications '@ For the Construction of the Feng. ler Street Overpass and Approaches BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the public wel. fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed reso~ 20, Session, February or contract for or cost of such im. provements, said time being this 20th day of February, 1961; and Special 1961 20, Session, February CITY COUNCIL OFFICIAL Special 50 20, Council met at 7:30 p.m. Present-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller Takos. City Manager Gilbert D. Chavenelle. Mayor Schreiber read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the bids submitted by contractors for the construction of the Fengler Street Overpass and Approaches and acting on any other business as may properly come before a regular meeting of the City Council. Proof of Publication. certified to by the Publisher, of Notice to con. tractors of the reciept of proposals for the construction of the Fengler Street Overpass and Approaches, presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Mayor Schreiber. Car. ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. {Necessity for Improvement: RESOLUTION NO. 15-61 W HER E A S, proposed plans, specifications. for m of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The width of such improve~ ment. 3. An estimate of the cost of the proposed improvement. February Session, Special 1961. RECORD OF FINAL ADOPTION , The foregoing resolution was fin~ ally passed and adopted. as pro~ posed, by the City Council this 20th day of February 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second~ ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller. Ta- koso Nays-None. 53 HEATING Dubuque Plumbing & Heating Co., American Casualty Company. Dubnque Sbeet Metal Company, Western Surety Company. Lavern Ney, d/b/a Mid-Central Heating Co., Western Surety Com- pany, Continuation Certificate. Robert G, Steeichen, d/b/a Ace Plumbing & Heating Co., Western Surety Company. Respectfully submitted, Gilbert D, Chavenelle, City Manager Mayor Schreiber moved that the bonds and policies be filed subject to the approval of the City Solici. tor. Seconded by Councilman Ta- kas. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. for Approved and placed on file one week. 1961 To the Honorable and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of January, 1961, as well as list of claims and payrolls for which war. rants were issued for the month of January, 1961. Respectfully submitted, Gilbert D. Chavenelle, City Manager ~ Councilman Takos moved that the reports be received and filed. Seconded by Mayor Schreiber. Car- ried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta, koso Nays-....None. Communication of William L. Meyers of 320 King Street objecting to the low water pressure existant in the area, presented and read. Councilman Schueller moved that the communication be received and filed. Seconded by Councilman Ta- koso Carried by the following vote: Yeas-Mayor Schreiber, Council~ men Kean, Schaller, Schueller, Ta- koso Nays-None. 20, 1961 Session, February the work as provided for in the plans and specifications; now there~ fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men~ tioned improvement be awarded to Anton Zwack, Inc. and the manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con~ tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- success bidders. 17, February Mayor Passed and adopted this 20th day of February, 196!. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen LEO F, FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, SChaller, Schueller, Ta- koso Nays-None. February 17, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same, subject to the approval of the City Solicitor: EXCAVATION Leonard J. Backes, d/b/a Bra- conier Plumbing & Heating, POlicy No. CGB 3779, Dubuque Fire & Marine Ins. Co. DUbuque Plumbing & Heating Co. Policy No, CL 854707, Bituminous Casualty Corp. . Special ~ 1961 Inc. of Dubuque, Iowa in the amount of $51,669.70 was the low- est bid for the furnishing of all iabor and materials and performing the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvements be awarded to Anton Zwack, In'l, and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. BE IT FURTIIER 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. Attest: Approved and placed on file for one week. Passed and adopted this 20th day of February, 1961. JOHN p, SCHREIBER Mayor LEO N, SCffiJELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Total Estimated Cost Of Project ""."",.".......$140,670.36 A tabulation of the bids reo ceived is attached. I therefore recommend that the contract for the Fengler Street Overpass ApproaChes and Viaduct be awarded to the Anton Zwack Inc. of Dubuque, Iowa. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schaller. Carried by th~ following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso N ays--N one. (Awarding Contract) RESOLUTION NO. 34-61 WHEREAS, sealed proposals have been submitted by contractors for the construction of Fengler Street Overpass-Approaches pursuant to Resolution No. 16-61 and notice to bidders published in a newspaper published in said City on January 20th, 1961 and January 27, 1961, and WHEREAS, said sealed proposals were opened and read on February 20, 1961, and it has been deter. mined that the bid of Anton Zwack, Session, February 20, Bids were received for the Ap~ proaches and the Viaduct. The lowest bid for both the Approaches and the Viaduct was submitted by Anton Zwack Inc., of Dubuque, Iowa. Their bids are as follows: Viaduct .,.",...",....."..,."..,$ 63,593,10 -7.11 % under the esti- mate Approach .."......"'."..,..".$ 51,669,70 +12.11 % over the esti- mate Total Construction Cost..$115,262.80 +0.62% over the esti- mate The Total Estimated Cost is as follows: Viaduct ........"...""."........$ 68,461.30 Approaches ."",,,.....,,,.,,,,,,,$46,088,50 Total Construction Cost Of Project "...."".""".,,$114,549.80 Utility Relocation ......., 3,210,60 Engineering & Contin- gencies . 20% ' 22,909,96 . (Awarding Contract) RESOLUTION NO. 35.61 WHEREAS, sealed proposals have been submitted by contractors for the construction of the Fengler Street Overpass - Viaduct pursuant to Resolution NO. 16~61 and notice to bidders published in a news- paper published in said City on January 20th, 1961 and January 27, 1961; and WHEREAS, said sealed proposals were opened and read on February 20th, 1961, and it has been deter~ mined that the bid of Anton Zwack, lnc. of Dubuque, Iowa in the amount of $63,593,10 was the low. est bid for the furnishing of all labor and materials and performing Special 52 55 Councilman Takas moved that the recommendation of the City ALttorney be approved and the Auditor instructed to issue a war- rant payable to Kenneth Horsfall and Anita M. Horsfall, parents and natural guardians of Paul Horsfall, a minor, and Kenneth Horsfall and Anita M. Horsfall, individually and Louis F. Fautsch their attorney and transmit same for delivery to the County Attorney. Seconded by Mayor Schreiber. Carried by the following vote: 17, 1961 On April 20, 1959, Earl Shively filed his claim in an unnamed amount for personal injuries suf- fered as a result of a fall on a defective and ice covered side- walk at 53 Locust St. on February 21, 1959. That as a result of his injury Mr. Earl Shively incurred hospital expenses of $1269,55. Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso That the said Earl S hive I y through his attorney has made an offer of settlement in the amount of $1500.00 of which amount the abutting property owner, Thomas J, Hickey has agreed to pay the sum of $750.00. It is the recommendation of the City Attorney that the offer of Mr, Earl Shively to settle his claim for damages in the amount of $1500.00, of which amount City of DUbuque is to pay $750,00 and the abutting property owner to pay the amount of $750,00 be accepted and that the City Auditor be instructed to issue a warrant in the amount of $750.00 payable to Mr, Earl Shively and Alan E. Kean, his attorney, and to transmit the same to the City At- torney for delivery to the claimant upon receipt of the contribution of the abutting property owner of the amount of $750,00 for delivery to the claimant upon receipt of a dUly executed release. Respectfully submitted, R. N. Russo City Attorney ~ r February Honorable Mayor and City Council, DUbuque, Iowa Gentlemen: 1961 N ays---.N one. Session, February 20, in letter of Hartmann Construction Co. dated February 7, 1961. RespectfUlly submitted, Dubuque Planning & Zoning Commission By Owen Riley, secretary Mr. Carl Hartmann addressed the Council by stating that what it amounts to is actually an exchange of property which will be to the betterment of all concerned, in the development of the subdivision. Councilman Schueller moved that the recommendation of the Com- mission be approved and proper proceedings be prepared. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. February 17, 1961 Honorable Mayor and City Council City of Dubuque DUbuque, Iowa Gentlemen: On July 5, 1960, Kenneth Hors. fall, father of Paul Horsfall. of 534 Lowell St., Dubuque, Iowa, filed a claim in an unstated amount for damages for personal injuries suf- fered by the said Paul Horsfall in falling from a broken guard rail in the vicinity of 587 Clarke Drive in the City of Dubuque, Iowa, on the 4th day of July, 1960. I have conferred with Mr. Louis F. Fautsch, attorney representing the claimant, who has made an offer of settlement in the amount of $277,50, the said claimant having incurred medical expenses in the amount of $252.50. It is the recommendation of the City Attorney that said offer of settlement of the above specified claim in the amount of $277,50 be accepted, and that the City Auditor be instructed to issue a warrant to Kenneth Horsfall and Anita M. Horsfall, parents and natural guard- ians of Paul Horsfall, a minor, and Kenneth Horsfall and Anita M. Horsfall, indiVidually and Louis F. Fautsch, their attorney and to transmit the same to the City At- torney for delivery to claimant upon receipt of a dUly executed release. Original claim is attached. Respectfully submitted, R. N. Russo City Attorney Special \ 1961 ceedings for the month of Nov- ember 1960 be approved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso N ays---N one. We are hereby original petition. Yours very truly, Dubuque Planning & Zoning Commission By Owen Riley, Mayor Schreiber moved that the communication be received and f i led. Seconded by Councilman Schaller. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Nays-None. To the Honorable and City Council, 16, 1961 February 16. 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Delbert Hayford requesting rezoning of property on the north side of University Ave- nue at Alpine Street to Local Bus- iness District A was withdrawn by Mr. Hayford who stated he wished no action taken on same. returning the secretary February Mayor Session, February 20, Councilman Schueller moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Nays-None. Mr. William L. Meyers addressed the Council stating that the water presssure at his home on King Street is very irregular. He was much concerned if there was a good sized fire in the area. Some of the deceased pressure was at- tributed to the several water breaks due to the construction of the sewer on Kaufmann Avenue. Mr. Meyers was told that construction of a pressure tank is contemplated for the park hilI area in 1962. Communication of Everett Hau. ber submitting for consideration the feasibility of using the Gil- bert Merritt property located at the corner of 32nd street and Old Timers Road, consisting of approx- imately 93 acres, as a possible re- creational area, presented and read. Councilman Schaller moved that the communication be referred to the Recreation Commission. Se- conded by Mayor Schreiber. Car- ried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. Special 54 . Gentlemen: The petition of Hartmann Con. struction Co. requesting Vacation of an unnamed street and portion of an alley adjacent to Broadway Extension has been considered by the Planning & Zoning Commission. This area has been examined by the Commission and a preliminary plat t hat contemplated the s e changes was approved September 28, 1960. Therefore the Planning & Zoning Commission recommends that the unnamed street and portion of alley adiacent to Lot 1 of Lot 8 of Lot 3 of Mineral Lot 319 be vacated as it has no publiC value, has never been opened and will be replaced by a new access alley and street in a better location as indicated in plat filed with this petition dated January 31, 1961 and as indicated Communication of Dub u que Chamber of Commerce submitting a resolution adopted by them on February 16, 1961, as to the ur. gency that everything possible be done to accomplish the dredging of the Dubuque Ice Harbor, pre- sented and read. Councilman Takos moved that action on the communi- cation be referred to the subse- quent meeting. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso Nays~None. Printed council proceedings for the month of November 1960, pre, sented for approval. Mayor Schrei- ber moved that the council pro- IB' 57 Petition of Hillcrest Builders Inc. requesting the installation of two additional street lights in Key Knolls Subdivision, 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 Schueller, Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Nays-None. Petition of the Ladies of the Grand Army of the Republic Shilch Circle No. 37 requesting permission to hold a tag day September 9, 1961, presented and read. Mayor Schreiber moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Kean. Carried by the following vote Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Nays-None. Petition of Msgr. Joseph E. Dunn, pastor of St. Columbkille's Parish requesting that necessary steps be taken to insure the construction of the extension of Riker Street to Rush Street, presented and read. Councilman Schueller moved that the petition be referred to tbe 1961 Street improvement program. Sew conded by Councilman Takos. Car. ried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso Nays-None. Petition of Mrs. Earl Retten. meier requesting the installation of a street light on the corner of Stafford and Hennepin Street, pre- sented and read. Councilman Takos moved that the petition be re- ferred to the City Manager and Electrical Inspector for investi. gation and report. Seconded by Mayor Schreiber. Carried by the following vote: Petition of A. L, Mutschler et al objecting to the high gas rates in the City and also submitting a table of comparative rates of various cities in Iowa, presented and read. Mayor Schreiber moved that the petition be referred to the City Manager for investigation and reo port. Seconded by Councilman Schaller, Carried by the fOllowing vote: 1961 20, Special Session, February Yeas-Mayor Schreiber, Council- men Kean, SchaUer, Schueller, Ta. koso Nays-None. Petition of F, F. Pike et al pro- testing to the blocking of the alley between Bluff and Locust Street from 6th street south to the Mira. cle Car Wash just off 3rd street, presented and read. Mr. Cy Lampe, representative of the Fischer Investment Co., ad- dressed the Council by objecting to the blocking of the alley to the rear of a tenement bUilding owned by the Fischer interests and also as to exhaust fumes from the cars lined up to get to the Miracle Car Wash. He further complained that some of the tenants lost house. hold pets as the result of the car fumes. Mr. F. F. Pike addressed the Council in support of the peti. tion and requested that some con. sideration be given to those people who have lived in the area for years. Mayor Schreiber moved that the petition be referred to the City Manager for continued study. Sew conded by Councilman Schaller, Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. 1961 Notice of claim of Joe Lusch- inger, in the amount of $1200. for damage to his car and also personal injuries as the result of striking a loose manhole cover in the 2900 block on Asbury Road on February 12, 1961, presented and read. Coun- cilman Schueller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by tbe following vote: Dr. Johnston, owner of the Mira. cle Car Wash, addressed the Coun- cil by stating that they only use the alley twice a week. He is trying to maintain regUlatory traffic to considerable expense to himself. He further stated that he is trying to reduce the inconvenience to a mini. mum, and definite plans are under way that would eliminate the use of the alley. I Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso Nays-None. Copy of Notice of claim by Don. aId C. Kratz, sent to Hennessey Bros., for damage to his home during the construction of the Kaufmann Avenue Street sewer, presented and read. Councilman Schueller moved that the copy of notice be referred to the City Solici- tor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. Notice of claim of Dr. A. C. Piohl, in the amount of $83.55, for ex. pense incurred as the result of a backed up sewer at 262 Fremont on February 4, 1961, presented and read. Councilman Schueller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. Petition of O'Connor, Thomas McDermott & Wright attorneys, requesting the issuance of a Quit Claim Deed to Harry E. O'Connell to clear up cloud on title to prop- erty in UStouts Dubuque" Addition to correct error which evidently happened at the time a Tax Deed was issued to the City, presented and read. Mayor Schreiber moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos, Carried by the fOllowing vote: Nays-None. Notice of claim of Miss Edna Hantleman, in an unnamed amount, for personal injuries received in a fall on a defective sidewalk at 3rd and Bluff Street, on December 19, 1960, presented and read. Coun- cilman Schueller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso N ays--N one. Notice of c 1 aim of Clarence Blakeman, in an unnamed amount, for personal injuries received in a fall on a defective sidewalk at 12th and Iowa Street, presented and read. Councilman Schueller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the folowing vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. Notice of claim of Carolyn T. Menke, in an unnamed amount, for personal injuries received in a fall on an icy crosswalk near St. Patrick's Church on January 15, 1961, presented and read. Council. man Schaller moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None, ~ Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None, r 20, Session, February Mayor Schreiber moved that the recommendation of the City At. torney be approved and the Audi- tor issue a warrant payable to Earl Shively and Alan E. Kean, his at. torney, in the amount of $750. and transmit same to the City Attorney for delivery. Seconded by Council. man Takos. Carried by tbe follow. ing vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta, koso Nays-None. Special 56 .~. M,q~~;:;,:. (Fixing Date of Hearing) RESOLUTION NO. 38-61 WHEREAS, the City Conncil of the City of DUbuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the Grading of North Grandview Avenue Extension from Sta. 30+00 to Sta. 39+50 which is the south property line of Kaufmann Avenue. 59 20, 1961 Special Session, February by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fOllowing: 1.: The street to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement. Grand. For the grading of North view Avenue Extension. BE IT THEREFORE RESOLVED that on the 6th day of March, 1961, a public hearing will be held at 7:30 p.m. in the Council Chamber of the City of Dubuuque at which time the objectors for the proposed improvement may appear and make objections to the proposed plans and specification and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration. Passed, adopted and approved this 20th day of February, 1961. JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta koso Nays-None. (Ordering Construction) RESOLUTION NO. 39-61 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a reso- lution of necessity NO. 37-61 which was duly passed by this Council for the Grading of North Grandview Avenue Extension be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of ibprovement, they shall be deemed to have waived all ob- jections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Street Construc- tion Fund, The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 20th day of February, 1961. file for LEO F, Attest Approved and placed on final action. Approved: JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen FROMMELT City Clerk LEO F. Councilman Schaller moved the approval of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. Petition of Mrs. Vincent Hawks et al requesting the installation of stop signs at the intersection of W, 3rd and Alpine Streets, pre. sented and read. Councilman Schal- ler moved that the petition be re ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. 20, 1961 Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso Nays-None. Session, February Petition of J. James Fransen et al objecting to a nuisance condition that exists in the 1600 block on Garfield Avenue relative to the operation of the Midwest Mobile Home Sales & Service, presented and read. Petition of James L. Steuer re- questing re-zoning of Lots 602, 603 and 604 in Ham's Addition from residential district to Class "A" Business District Classification, pre- sented and read. Mayor Schreiber moved that the petition be referred to the Planning & Zoning Com- mission. Seconded by Councilman Schaller, Carried by the following vote: J. J. Fransen presented photos to the Council of the area showing mobile homes parked in the street, and he also stated that it has a tendency to diminish property values in the neighborhood. Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Petition of Jack Lepsch Jr. re- questing the installation of a sani- tary sewer on the east side of Ju- lien Dubuque Drive, presented and read. Mayor Schreiber moved that the petition be referred to the City Manager and Engineering Depart- ment. Seconded by Councilman Ta- koso Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Counci Attest: RESOLUTION NO. 36-61 Preliminary Estimate and ap- proval of plans and specifications, form of contract, and all other documents for the grading of North Grandview Avenue Extension from Sta, 30/00 to Sta. 39/50 which is the south property line of Kanf- mann A venue at an estimated cost of $28,562.00, presented and read, Councilman Kean moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. (Necessity for Improvement RESOLUTION NO. 37.61 WHEREAS. proposed plans, speci- fications, form of contract have been duly prepared and approved p.m. 9:40 at Reconvened Petition of Peoples Natural Gas requesting permission to excavate in the alley to the rear of 205 Locust Street, presented and read. Mayor Schreiber moved that the petition be referred to the City Engineer. Seconded by Councilman Takos. Carried by the following vote: ~ ~JI_'jslP.,", r "I'. Special 58 9:30 p.m. Recessed at Nays-None. Mayor Schreiber moved that ehe petition be referred to the City Manager and Building Commis- sioner for investigation and report. Seconded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta- koso Nays-None. Petition of Mrs. Clarence Reisen et al requesting the installation of stop signs at the intersection of Hill and Langworthy Streets, pre- sented and read. Councilman Schal- ler moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol. lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. 61 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1961 Concrete Curb & Gutter Project No.1, Sections I and II, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, the y shall be deemed to have waived aU 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 assessed upon and against all privately owned prop.. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The tion of district por- assessment and railway any street or shall be assessed to the railway company. resolution was intro- The above duced, approved and 0 r d ere d placed on file with the City Clerk this 20th day of February, 1961, 4. Each lot proposed to be as. sessed together with a valuation fixed by the Council. I ~ ,~t Nays-None. i I I II , ! ! i:':j: I : ii : i Ii; I 11,1 I /'1' ' I , II',' I In; I I 'Ii , II'i , 'I ' IY "I' 1',1 I:!" Ii,", 1'" Ii' I'l' I 'II: , III' "'I " II "i III ,.I, ,I "il " :',1 'I' ,i I , ',Ii 'i'i'l , '''I ' 'Iii i ii,I:11 'HI Pili "'II " '; 1II1 1I11I II " ,II ill 20, 1961 Session, February paid by 6. Riker Street from west prop- erty line of VaUey street to the west end of street. 7. Valley Street from west prop- erty line of Southern Avenue to the North property line of Mt. Loretta Avenue. 8. West 7th Street from east prop. erty line of Hill Street to the west property line of Prospect Street, North side only, 9. Samuel Street from north prop- erty line of Southern Avenue to the South property line of Levi Street. 10. Lorimer Street from North prop- erty line of Levi Street to the north property line of South Avenue Addition. Il, Rockdale Road - north side only - from City Limits to North property line of Lot 2 of 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 2 of Mineral Lot 12. 12. Lenox Avenue from North prop- erty line of VanBuren Avenue to the South property line of Pennsylvania Avenue. Section I Special r 1961 RESOLUTION NO. 40-61 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section I. T hat the attached sheets NO. 1 to 19 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1961 Concrete Curb & Gutter Proiect No, 1, Sec- tions I and II, and the valuations set out therein are hereby ap- proved. Adopted this ruary, 1961. 20th day 20, Special Session, February the work shall be constructed in accordance with the p I a n sand 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 Street Construction Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shan be in force and effect from and after its passage and adoption by the City Council. 60 1. Riker Street Extension from east property line of Rush Street to the west property line of Dunn Court, at an estimated cost of Section I $55,471.36 and Section II $7,851.05, presented and read. Councilman SchaUer moved the adoption of the resolution. Seconded by Coun- cilman Rean. Carried by the fol. lowing vote: Yeas-Mayor Schreiber, Council- Kean, Schaller, Schueller, Ta. WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of DUbuque and are now on file in the office of the City Clerk shOWing among other things the fOllowing: 1. The assessment limits of each street to be improved. 2. The streets to be 3, The width of ment. {Necessity for Improvement RESOLUTION NO. 42.61 improved. such improve- men koso Nays-None. , Feb- Councilman Takos m 0 v e d the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council men Rean, Schaller, Schueller, Ta. koso Nays-None. RESOLUTION NO. 41.61 Preliminary estimate and ap- proval of plans, specifications, form of contract, plat, and all other documents for the proposed CITY OF DUBUQUE 1961 CONCRETE CURB & GUTTER PROJECT NO, 1, SECTION I - SECTION II, on the fOllowing portions of the following named streets: Section I. 1. O'Neill street from West prop- erty line of Burden Avenue to the east property line of Lot 103 Belmont Addition, 2. Emerson Street from the South. east property line of Prescott Street to the north west prop- erty line of Lincoln Avenue. 3. Carlton Avenue from the west property line of Brown Avenue to the southwest end of the street. 4, St. George Street from north property line of Bush Street to the south property line of Mt. Loretta Avenue. 5. Bush street from the west prop- erty line of Esther street to the west end of Bush Street. JOHN p, SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen LEO F, FROMMELT City Clerk of Attest: Passed, adopted and approved this 20th day of February, 1961. JOHN P. Councilman Schueller moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council. men Rean, Schaller, Schueller, Ta, koso 1961 Gentlemen: I herewith submit the attached Sheets NO. 1 to 19 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1961 Concrete Curb & Gutter Project No.1, Sec. tions I and n. 1961. Councilman Takas moved that the communication be received and made a matter of record. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, SchaUer, Schueller, Ta- koso SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk February 20, To the Honorable Mayor and City Council Submitted February 20th, John L. White City Engineer Nays-None. Attest: ~ p, SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen FROMMELT City Clerk 63 8, Woodlawn Street from North Property Line of Asbury Road to South Property Line of Lin. dale Street. 9. Lindale Street from West Prop. erty Line of Evergreen Drive to East Property IJne of Carter Road. 10. Karen Street from West Prop- erty Line of Evergreen Drive to East Property Line of Carter Road. 1961 Session, February 20, Special schedule of proposed assessments for the City of Dubuque 1961 Bit. uminous Concrete Surfacing Pro. jeet No.1, Sections I, IT and III, and the valuations set out therein are hereby approved. Adopted this 20th day of ary, 1961. JOHN Febru- 20, 1961 fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the City Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. ~ 11, Kevindale Street from North Property Line of Karen Street to South Property Line of Lin- dale Street. 12, Valley Street from West Prop- erty Line of Southern Avenue to the North Property Line of Mt. Loretta Avenue, 13. A voca Street from South Prop. erty Line of Cherry Street to North Property Line of Deborah Street. 14. Decorah Street from West Prop- erty Line of A VOCa. Street to West Property Line of Irving Street. 15. Solon Street from East Prop- erty Line of Nevada Street to West Property Line of Booth Street. 16, Keokuk Street from Northwest Property Line of P rim r 0 s e Street to Northwest end 0 f Street. 17, Samuel Street from North Prop- erty Line of Southern Avenue to South Property Line of Levi Street. 18, Alpha Avenue from South Prop. erty Line of nlinois Avenue to North Property Line of Van Buren Street. 19, Dunleith Court from West Prop- erty Line of Southern Avenue to West end of Street. 20, Robin Street from West Prop. erty Line of English Lane to West end of Street. West 7th Street from East Prop- erty Line of Hill Street to West Property Line of Pro s p e c t Street. 22. Lorimer Street from Nor t h Property Line of Levi Street to North Property Line of South Avenue Addition. 23. St. Anne's Drive from West Property Line of Chaney Road to West Property Line of St, Anne's Subdivision, Block I. Session, February Approved and placed on file for final action. Approved: JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen LEO F. FROMMELT City Clerk 21. Special 62 LEO F, Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. RESOLUTION NO. 45-61 Preliminary estimate and ap- proval of plans, specifications, form of contract, and all other do- cuments for the construction of the CITY OF DUBUQUE 1961 BITUM. INOUS CONCRETE SURFACING PROJECT NO. 1 - SECTIONS I- II-ill, on the following portions of the fallowing named streets: Attest: SECTION I I. Lawndale Street from North property line of Park Street to North end of Street. 2, O'Neill Street from West Prop- erty Line of Burden A venue to East Property Line of Lot 103 Belmont Addition. 3. Emerson Street from West prop- erty Une of Lincoln A venue to East Property Line of Prescott Street. 4. Carlton Avenue from We s t Property Line of Brown Avenue to Southwest end of Carlton Avenue. 5, St. George Street from North Property Line of Bush Street to South Property Liue of Mt. Loretta Avenue. 6. Bush Street from West Prop- erty Line of Esther Street to West end of Street. 7, Riker Street from West Prop- erty Line of Valley Street to West end of existing R i k e r Street. r I ! , Passec, adopted and approved this 20th day of Febroary, 1961, JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. February To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached Sheets No. 1 to 34 inclusive show- ing a schedule of the proposed valuations and proposed assess- ments for the City of Dubuque 1961 Bituminous Concrete Surfacing Project No.1, Sections I, II and m. Submitted February 20th, 1961. John L, White City Engineer Councilman Takos moved that the communication be received and made a matter of record. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta- koso Nays-None. RESOLUTION NO. 44-61 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 34 inclusive are her e b y determined to be the 1961 20, II Attest: Councilman Schueller moved the approval of the resolution. Second- ed Councilman Takas. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Rean, Schaller, Schueller, Ta- kas. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 43-61 WHEREAS, the City Couucil of the City of Dubuque, Iowa, has by Resolution No. 41-61 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1961 Concrete Curb & Gutter Project No.1, Sections I and II and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 27th day of March, 1961, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day ...- the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 20th day of February, 1961. JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen 65 20, 1961 Session, February Mayor Schreiber moved the ap- proval of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta. koso Nays-None. Special LEO F, FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso Nays-None. Attest (Fixing date of hearing) RESOLUTION NO. 47.61 WHEREAS, tbe City Council of the City of DUbuque, Iowa, has by Resolution No. 45-61 given its pre~ liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1961 City of Dubuque 1961 Bituminous Concrete Paving Project No.1, Sec- tion No. I, II and ill, and, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk obiections to the amount of the proposed assess- ments, they shall he deemed to have waived all objections thereto. 1961 Gentlemen: I herewith submit the attached Sheets NO.1 to 16 inclusive show- ing a schedule of proposed valu- ations and assessments for the City of DUbuque 1961 Concrete Paving with Integral Curb Project No.1. Sections I and II (ALTER- NATE), Submitted February 20th, 1961. John L. White City Engineer Councilman Takos moved that the communication be received and made a matter of record. Seconded by Councilman Schaller. Carried by the fOllowing vote: Yeas-Mayor Schreiber, CouncH men Kean, Schaller, Schueller, Ta- koso Nays-None. 20, February Mayor To the Honorable and City Council Dubuque, Iowa RESOLUTION NO. 48.61 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached sheets No. 1 to 16 inclusive are hereby determined to be the sched- ule of proposed 'assessments for the City of Dubuque 1961 Concrete Paving with Intergral Curb Pro- ject No.1, Sections I and II (AI.... TERNATE), and the valuations set out therein are hereby approved. WHEREAS. the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 27th day of March 1961, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dubuque at which time the owners of prop.- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and pro.posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Nec- essity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque. the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hearing I IE 20, 1961 Special Session, February 24. Collins Street from North Prop. erty Line of St. Joseph Street to South Property Line of Lom- bard Street, 25, Lorn bar d Street from West Property Line of Collins Street to West Property Line of Gon- dolfo Street. SECTION II 1. Riker Street Extension from West Property Line of Dunn Court to the East Property Line of Rush Street. " 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 assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law. property will be assessed whether the same abutts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, bonds shall be issued and sold in antiCipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 20th day of February, 1960. SECTION I 1. Lombard Street from Nor t h Property Line of Dodge Street to the West Property Line of Lot 2 of 1 of 1 of 1 of 1 of 1 of 2 of 1 of 1 and Lot 2 of Sisters Addition. at estimated costs of Section I $111,206.31, Section II $5,351,20. Section ill $2.478,30 presented and read. Mayor Schreiber moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. (Necessity for Improvement RESOLUTION NO. 46-<>1 WHEREAS, pro p 0 sed plans, sPecifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Duhuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve. for LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen P. SCHREIBER Mayor LEO F, FROMMELT City Clerk 64 Approved and placed on file final action. JOHN Approved. Attest ment. 4. Each lot proposed sessed together with a fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1961 Bituminous Concrete Paving Project No.1, Section No. 1, II, and ill. to be as- valuation ~ . ') '. fIT- Session, February ff7 with Integral Curb Project No.1, Sections I and II (ALTERNATE) and, WHEREAS, the proposed Reso. lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 27th day of March 1961, a public hearing will be held at 7:30 o'clock p.m. in the Council Cbambers in the City of Dubuque at which time the owners of prop. erty sUbject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the City of Duhuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera~ tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on rec- ord its final decision thereon. 1961 20, Special Session, February which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve_ ment will be assessed upon and against all privately owned prop. erty lYing within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abutts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 20th day of February, 1960. Approved and placed on file for final action. Approved, JOHN p, SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen FROMMELT City Clerk LEO F, Attest I 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1961 Concrete Paving with Intergal Curb Proiect No. 1 Sections 1 and 2 (ALTERNATE) ~ ,"p adopted and approved day of Fehruary, 1961. JOHN p, SCHREffiER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J, TAKOS Councilmen FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the, following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. ~ "' + ~. .~ ~,' " 20, 1961 SECTION II I. Riker Street East Property Street to West of Dunn Court. at an estimated cost of Section I $107,682,13 - Section II $15,869,00, presented and read. (Necessity for Improvement: RESOLUTION NO. 50-61 WHEREAS, pro p 0 sed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. SECTION 1. Emerson Street from Southeast Property Line of Prescott Street to Northwest Property Line of Lincoln Avenue. 2. Carlton Avenue fro m West Property Line of Brown Avenue to Southwest end of Street. 3. St. George Street from North Property Line of Bush Street to South Property Line of Mt. Loretta Avenue. LEO F, Extension from Line of Bush Property Line Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Feb. Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. RESOLUTION NO. 49-61 Preliminary Estimate and ap- proval of proposed plans, specifi- cations, form of contract, plat and all other documents for the con- struction of CITY OF DUBUQUE 1961 CONCRETE PAVING WITII INTEGRAL CURB (ALTERNATE) SECTIONS I and II on the follow. ing portio'Q3 of the following named streets: Passed, this 20th Attest: JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen FROMMELT City Clerk Councilman Schaller moved the approval of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: YeaS-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Ta, koso Nays-None. (Fixing date of hearing) RESOLUTION NO.51-61 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 49-61 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1961 Concrete Paving Special 20th day of LEO F. I , I ~' f , , , , , ~. i i I 66 Adopted this ruary, 1961. Attest: BE IT FURTHER RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk obiections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications 4. Eu sh Street from West Prop. erty Line of Esther Street to the West end of Bush Street. 5. Riker Street from West Prop- erty Line of Valley Street to the West end of the Street. 6. Valley Street from West Prop- . erty Line of Southern Avenue to North Property Line of Mt. Loretta Street. 7. Samuel Street from Nor t h Property L i n e of Southern ~\,venue to the South Property Line of Levi Street. 8. Lorimer Street from the North Property Line of Levi Street to the North Property Line of South Avenue Addition. I ! I 69 in the office of the City Clerk for public inspection, for the City of Dubuque 1961 Concrete Paving with Integral Curb Project No.1, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec~ tion, BE IT THEREFORE RESOLVED that on the 27th day of March 1961, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop. erty subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dnhuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. ~ Passed, adopted and approved this 20th day of Fehruary, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takas moved the ap- proval of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: (Fixing date of hearing RESOLUTION NO. 55.6; WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 53-61 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file ..;~ ,'r ~- I , " I BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall he deemed to have waived all objections thereto. -,,*, RESOLUTION NO. 53.61 Preliminary estimate and ap- proval of plans, specifications, form of contract, plat and all other docu. ments for the construction of the CITY OF DUBUQUE 1961 CON. CRETE PAVING WITH INTEGRAL Attest Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays--None. 20, 1961 Session, February Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to excc.ed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fnnd honds shall be issued and sold in' anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of February, 1961. Approved and placed on file for final action. Approved: JOHN SCHREffiER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk Special P. Attest , , > I ) f , 20, 1961 CURB PROJECT NO. 1 on the fol. lowing portions of the following named streets: 1. 16th Street from East Property line of Elm Street to point 285 feet east of the East property line of Marsh Street. 2. 18th Street from east property line of Sycamore Street to West Property line of Lynn Street, at an estimated cost of $75,660,63, pre- sented and read. Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. (Necessity for Improvement RESOLUTION NO. 54-61 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre. pared and approved hy the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be as- sessed against each lot, for the City of Duhuqne 1001 Concrete Paving with Intergal Curh, Proiect No. 1. Session, February Fehruary 20, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached Sheets No. 1 to 7 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Duhuqne 1961 Concrete Paving with Integral Curh Proiect No, 1. Suhmitted Fehrnary 20th, 1961. JOHN L. WHITE, City Engineer Councilman Takos moved that the communication be received and made a matter of record. Seconded by Councilman Schaller. Carried by the fOllowing vote: Yeas--Mayor Schreiber, Council. men Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 52-61 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section I. That the attached sheets NO.1 to 7 inclusive are here- hy determined to he the schednle of proposed assessments for the City of Dnhuqne 1961 Concrete Paving with 1ntegral Cnrh Proiect No.1, and the valuations set out therein are hereby approved. Adopted this 20th day of Febrn. ary, 1001. JOHN P. SCHREffiER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen LEO F, FROMMELT, City Clerk Special 68 71 Passed, adopted and -approved this 20th day of February, 1961. JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Y cas-Mayor Schreiber, Coun. cilmen Kean, Schaller, Schueller. Nays-Councilman Takas. 1961 20, Session, February RESOLUTION NO. 60-61 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS "B" BEER PERMIT Mathias A, Schneller, 132 Eighth Avenue Mrs. Eunice Wright, 2600 Jackson Street CLASS "C" BEER PERMITS Tenenboms Super Market, Inc., 200 So. Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 20th day of February, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Car. ried by the following vote: Yeas-Mayor Schreiber, Counci men Kean, Schaller, Schueller. Nays-Councilman Takas. at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of prop. erty may appear and make objec- tion to the proposed plans and specifications and proposed form of contract to the cost of the im- provement, and to the passage of the proposed Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fix. ed for its consideration at which hearing the Council will hear such objections and enter on record its final decision thereon. Special \ 1961 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 street improvement funds. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of February, 1961. Approved and placed on file for final action. Passed, adopted and approved this 20th day of February, 1961. JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMESJ,KEAN PETER J, TAKOS Councilmen Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, SchaUer, Schueller. RESOLUTION NO. 59-61 WHEREAS, applications for Beer Permits have been submitted to this Council for approval -and the same have been examined: NOW, THEREFORE, BE fT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. Jack. CLASS "B" BEER PERMITS Mathias A, Schneller, 132 Eighth Avenue. BEER PERMITS 200 LEO F, FROMMELT City Clerk Inc. ~ L' '.'""tIi 20, Session, February 2600 Market, Wright, CLASS "CII Tenenboms Super So. Locust Street Mrs. Eunice son Street. Attest I ) Approved: JOHN P. SCHREIBER Mayor LEO N, SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk Councilman Takos moved the ap- proval of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kcan, Schaller, Schueller, Takos. Nays-None. (Fixing date of hearing) RESOLUTION NO. 58.61 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 57-61 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Mainte- nance resurfacing of the following named streets with Foamed As- phalt Liquid Mastic: Jackson Street-from W, 32nd Street to 12th Street. Loras Blvd.-from Walnut Street to Glen Oak Street. 8th Street-from Central Avenue to University Avenue, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 27th day of March, 1961, a public hearing will be held Attest: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso Nays-None. RESOLUTION NO. 56-61 Preliminary estimate and ap- proval of plans, specifications, form of contract, and all other documents for the Maintenance Re- surfacing of the fOllowing named streels with FOAMED ASPHALT LIQUID MASTIC: Jackson Street-from W. 32nd Street to 12th Street. Loras Blvd.-from Walnut Street to Glen Oak Street. 8th Street-from Central Ave- nue to University Avenue, at an estimated cost of $39,061.00, pre- sented and read. Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. (Necessity for Improvement' RESOLUTION NO. 57-61 WHEREAS, pro p 0 sed plans, specifications, form of contract, and plat have been duly prepared and approved by the City Council of the City of Dubuque and -are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. For the Maintenance Resurfac- ing of the following named streets with Foamed Asphalt Liquid Mas- tic: Jackson Street-from W. 32nd Street to 12th Street. Loras Blvd.-from Walnut Street to Glen Oak Street. 8th Street-from Central Ave- nue to University Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement. Special 7( j 73 (c) Maintain without cost to the United States public terminal fa. cilities, open to all on equal terms; (d) Accomplish aU necessary al~ tcrations to sewers and other util. ities, including aerial and subma- rine crossings, and their mainte- nance; (e) Wnen needed, deepen and maintain berthing areas adjacent to docks, to the same depth as the harbor; and (f) Contribute any funds re- quired in excess of $400,000 in the event the Federal cost of the afore said commercial harbor should ex- ceed said amount. Sincerely yours, J. H, PeU Acting Deputy District Engineer program which limits Federal par- ticipation to $400,000. If these costs exceed the $400,000 limita- tion, it is necessary that such ex- cess cost be borne by local inter- ests. Federal cost of this project, based on current prices of hydrau- lic dredging paid for similar work on other projects in this district, is presently estimated at $64,000. The non-Federal cost, which in- cludes dredging or berthing space to lO-foot depth, plus 2 feet over. depth, with contingencies, is es- timated at $18,000. The increase in both Federal and non-Federal costs from the original estimate in the project document is attribut- able to price level change. It is hereby certified that the undersigned officials have the le- gal authority to execute this in- strument. IN WITNESS WHEREOF, the City of Dubuque, Iowa, has caused its corporate name to be hereunto '~igned by its Mayor, attested to by the City Clerk, and the corporate seal of said City to be affixed here- to, and the same subscribed by the Chairman and Commissioners of its Dock Commission, this 20th day of February A, D., 1961, The CI'ty of Dubuque, Iowa By John p, Schreiber Its Mayor CITY SEAL ATTEST: By LEO F, FROMMELT City Clerk CITY OF DUBUQUE BOARD OF DOCK COMMISSIONERS By Arnold A. Caitham Ch-airman John J, Waltz Secretary Irvin Oeth Commissioner Councilman Schaller moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kas. Nays-None. Annua non-Federal cost for maintenance, consisting of dredg- ing the berthing area, is estimated at $900. Federal annual mainte- nance consists of dredging en- trance and maneuvering area. Council went into joint session with the Board of Dock Commis- sioners. Commissioners Caitham, Waltz and Oeth being present to discuss the dredging of the Ice Harhor by the U. S, Army Engi- neers. DOCK BOARD RESOLUTION NO. 9-61 WHEREAS there has been for. warded to the Dubuque Board of Dock Commissioners by the of- fice of the U. S, Army Engineer District, Rock Island, Illinois, as- surances for the Dubuque Ice Har- bor, a copy of which assurances is hereto attached; and 'WHEREAS it is necessary that the Dubuque Board of Dock Com- missioners agree and pledge itself to the performance of said assur- ASSURANCES Mississippi River at Dubuque, Iowa In consideration of the authori- zation contained in the River and Harbor Act of 1960, Public Law 86. 645, approved 14 July 1960, to provide for a commercial harbor at Dubuque, Iowa, in accordance with the plans and SUbject to the conditions recommended by the Chief of Engineers in the report, House Document No. 56, 86th Con. gress, 1st Session, and under the Small Authorized ftojects Pro- gram, which imposes a certain lim- itation upon the extent of Federal participation in said project, the CiTY OF DUBUQUE, IOWA, a mu. nicipal corporation, by and through its duly elected and qualified Mayor and also its Dock Commis- sion, in accordance with proper Resolutions passed by the said City of Dubuque, Iowa. and the DUbuque Board of Dock Commis- sioners, does hereby agree and pledge that it will truly and faith- fully: (a) Furnish without cost to the United States all lands, easements, and rights-oI-way necessary for the construction and SUbsequent main- tenance of the improvement; and save the United from damages due to and maintenance of ,J Receipt \Ve need information from the City bJ' the earliest practicable date regarding areas for place- ment of spoil material, in order that '''''e may give full considera- tion to all problems concerned therewith and determine the most economical manner of disposal. Any spoil area considered must be one that can be made available promptly and usable for the in- tended purpose without excessive lengths of dredge pipe, interfer- ence with access or traffic, or prob- lems with respect to draining away the water. The original of the fUlly exe- cuted assurance form should be furnished this office, as well as resolutions passed by the Dubuque City Council and the Dock Com- mission, authorizing the execution of the assurances. An opinion of the City Attorney, certifying that the City of Dubuque has the legal authority to enter into said assur- ances and a copy of the law re- lied upon as legal authority for the City to carry out the local co- operation requirements should also be furnished. Evidence of the City's financial ability to carry out the obligations contained in the assurances is also required. With the exception of paragraph (e) in the assurances, these Obligations Mail-Return Requested Certified u.S. Army Engineer District Rock Island 3 Febrnary 1961. Honorable Peter J. Takas, Mayor of the City of Dubuque Dubuque, Iowa. In re: Mississippi River at Dubuque, Iowa- Dubuque Ice Harbor Dear Mayor Takas: Inclosed are the assurances for the Dubuque Ice Harbor for execu~ tion by the Mayor and the Du- buque Board of Dock Commission- ers. This project was authorized by the River & Harbor Act of 1960, Public Law 86.645, approved 14 July 1960, in accordance with the plans and subject to the con- ditions recommended by the Chief of Engineers in the report, House Document No. 56, 86th Congress 1st Session. Forward under separate cover are two prints of Plate 1 entitled "Mississippi River, Dubuque, Iowa, Commercial Harbor Facilities at Dubuque, Iowa, General Location and Plan" and two prints of Plate 2 entitled "Mississippi River, Du- buque, Iowa, Commercial Harbor Facilities, General Plan and Sec- tion." (b) Hold States free construction the project; The Federal costs for the sub- ject project have been funded un- der the Small Authorized Projects 1961 Session, February 20, are in addition to the estimated $18,000 non-Federal cost. Based on the assumption that the assurances will be promptly executed, we hope to advertise the Government portion of the work on or before 24 March 1961 'with completion by 30 June 1961. Acknowledgement of receipt of this letter is requested. If we can be of further assistance, please do not hesitate to call on us. Special /. Session, February 20, 1961 MEETING RECESSED AT 10:25 P.M. RECONVENED AT 10:30 P,M, Councilman Schaller moved that the following persons be appointed to serve as a sub-committee to the Council's Committee for Building Code Modernization. William Giese, Sheet Metal Contractors Associa- tion; Donald Kopp, Sheet Metal Workers; Homer Addyman, Jour- neyman Plumbers; Richard Beaves, Master Plumbers; Clarence Brad- sha\v, Refrigeration Contractors. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta koso Nays-None. Special 72 ~ ;~+tl'- 75 Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the ZonIng Map of the City of Dubuque, as provid- ed by Ordinance No. 3-34, designat- ed the Zoning Ordinance, be and the same is hereby amended and changed by changing from its pres- ent Multiple Residence District Clasf'ification to Local Business District 'A" Classification the prop- efty describeu as follows: Lots 1 and 2 of Kelly-Byrne Plllee, In the City of Dubuque, Du- \)uquc County, Iowa. Section 2. This Ordinance shall be in full force and effect from and after Its final pass?ge, adop- tion and publication as by law pro- vided. Introduced the :Jth eta" of Fellrn_ 'try, 1961. . Rule requiring reading' on tine", separate days suspended by unani- mous vote the 9th day of February. 1961. Passed by recorded roll call vote, adopted and aj.proved this 27th da;v of February, 1961. JOHN P. SCHREIBER MaYOl' LEO X. SCHUELLER LOUIS SCHALLER JAMBS J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk PllbJi"hed officially in The Tele- graph-Herald newspaper this 2nd day of March 1961. LEO F. FHO:\fMELT City Clerk 27, 1961 Session, February 27, ./' Councilman Schueller moved the adoption of the Ordinance. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso 11, ~ Nays-None. Proof of Publication, certified to by the Puhlisher, of Notice of pub. lie hearing to consider rezoning of Blocks 9 to 19 of River Front Sub- division No. 3 from Heavy Indus- trial Classification to Restricted Industrial District Classification, presented and read. Nays-None. No written objections were filed and no objectors were present in the Council Chamber at the time for the public hearing. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta. koso CITY COUNCIL OFFICIAL Special Session, February 1961. Council met at 7:30 p.m. Present-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos, City Manager Gilbert D, Chavenelle, Mayor Schreiber read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of conducting a public hearing on Or- dinances No. 3-61, 4.61, 5-61, to consider rezoning of certain areas and acting on any other business as may properly come before a regular meeting of the City Coun~ cil. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider rezoning of Lots 1 & 2 Kelly-Bryne Place from Multiple residence District classification to District A class- ification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the puhlic hearing, Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Takos, Carried hy the fOllowing vote: Yeas-Mayor Schreiber, Council~ men Kean, Schaller, Schueller, Ta. koso Nays--None. ORDINANCE NO. 3_61 An Ordinance Amending the Zon~ Ing Map and Zoning OrdInance of the City of Dubuque, Iowa, as pro~ vided by Ordinance No. 3-34, desig. nated the Zoning Ordinance, so as to change the herein described area from Multiple Family residence district to Local Business District "A" Classitlcation. Special " 1961 adopted and approved day of February, 1961. JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J, KEAN PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Car~ ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. There being no further business Councilman Schaller moved to ad- journ. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takas. Nays-None. Approved Adopted Councilmen Attest LEO F. FROMMELT City Clerk "....,..1961. ",1961. ORDINANCE NO. 3-61 An Ordinance Amending the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein de- scribed area from Multiple Family residence District to Local Business District "An classification, said or- dinance having been previously pre~ sented and read at the Council meeting of February 9, 1961, pre. sented for Final Adoption. '17 w;;. 20, Passed, this 20th Attest: Attest RESOLUTION NO. 61-61 WHEREAS there has been for- warded to the Dubuque City Coun- cil by the office of the U. S, Army Engineer District, Rock Island, nli- nois, assurances for the Dubuque Ice Harbor, a copy of which as. surances is hereto attached; and .f!'1:' euy Clerk Session, February Section 1. That the Board of Dock Commissioners of Dubuque, Iowa, pledge and agree to carry out the assurances for the Du. buque Ice Harbor in order to ob- tain Federal participation in said project and authorize the execu- tion of the instrument containing said assurances to be performed by the Dubuque Board of Dock Com- missioners. Passed, adopted and ap- proved this 20th day of February, 1961. DUBUQUE BOARD OF DOCK COMMISSIONERS By Arnold A. Caitham Chairman John J, Waltz Secretary Irvin Oeth Commissioner John J. Waltz Secretary WHEREAS it is necessary that the City of Dubuque agree and pledge itself to the performance of said assurances in order to obtain Federal participation in the dredg- ing of the Dubuque Ice Harbor. Section 1. That the Mayor be and he is herewith authorized and di~ rected to execute the attached as~ surances for the Dubuque Ice Har- hor for and on behalf of the City of Dubuque, 10wa, and the City Clerk be and he is herewith au- thorized and directed to attest the same. ances in order to obtain Federal participation in the dredging of the Dubuque Ice Harbor. NOW THEREFOR BE IT RE. SOLVED by the Dubuque Board of Dock Commissioners: NOW THEREFOR BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Special 74 "t 77 curb and gutter iu the City of Dubuque 1961 Curb and Gutter and Paving Project. Respectfully submitted, Gilbert D, Chavenelle City Manager Councilman Schueller moved that the communication be re- ferred to the 1961 Street improve- ment pro g ram. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takas. Nays-None. February 24, 1961 To the Honorable Mayor and City Counell Dubuque, Iowa Gentlemen: You have referred to us the peti- tion of Roy B. Baker and others requesting sanitary sewer and storm sewer on Shiras Avenue. It is recommended that the sanitary sewer be installed on Shiras Avenue this year as a special assessment project with no cost to the City. It is further recommended that the storm sewer request be de- layed and that it be included in the 1962 storm sewer project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Takas. Nays-None. Notice of Suit of Richard J. Bradberry, in the amount of $9100., for personal injuries re- ceived as the result of a fall on a defective sidewalk at 177 Main Street on November 25, 1960, pre- sented and read. Mayor Schreiber moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council. men Kean, Schaller, Schueller, Takos, Nays-None. February 24, To the Honorable Mayor and City Council: Dubuque, Iowa Gentlemen: You have referred to us the peti- tion of Wm. T. Connery and Eldon T. Herrig, requesting that Samuel Street from the intersection of Levi Street southerly to Southern Avenue be graded, curbed and guttered, This is being handled by includ- ing Samuel Street for paving and 1961 \ . read. No written objection were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta. koso Nays-None. ORDINANCE NO. 5-61 An Ordinance Amending the Zon~ ing Map and Zoning Ordinance of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34, desig. nated the Zoning Ordinance so as to change the herein described area from Single Family Residence Dis- trict Classification to Multiple Resi- dence District Classification, said Ordinance having been presented and read at the Council meeting of February 9, 1961, presented for Final Adoption, Ordinance No. 5-61 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa. as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein de- scribed area from Single FamIly Residence District Classification to :\lultiple Family Residence District Classification. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map of the City of Dubuque, as provid- ed by Ordinance No. 3-34, desig- nated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Single Family Residence District Classification to Multiple ne~idence District Classification the property described as follows: I.ot 1 of Conners Grandview Place. Section 2. This Ordinance shall be in full force and effect from and after its final passage. adop- tion and publication as by law provided. Introduced the 9th day of Feb~ ruary. 1961. Rule requiring reading on three separate ddYS suspended by unan- imous \'ote the 9th day of Feb- ruary 1~61. Passed by recorded roll call vote, adopted and approved this 27th day February. 1961. JOHN P. SCHREIBER Mayor LEG N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Couneilmen. Attest: LEO F. FROMMELT City Clerk. Publlahed officially in The Tele~ graph-Herald ne\';rspaper this 2nd day of Mal ch 1961. LEO F. FROMMELT It. 3/2 CIty Clerk Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub. lie hearing to consider rezoning of Lot 1 of Connors Grandview Place from Single Family District Class- ification to Multiple Residence Dis. trict Classification, presented and Session, February 27, 1961 Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of January 1961, pre- sented and read. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- Rean, Schaller, Schueller, Ta. 27, 1961 To the Honorable and City Council Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same, subject to the approval of the City Solicitor PERSONAL BOND Western Surety Councilman Schaller moved that the bond be received and filed. Seconded by Councilman Schueller. Carried by the fOllowing vote: Yeas-Mayor Schreiber, Coun~ cilmen Kean, Schaller, Schueller, Takos. Nays-None. .. Romolo N. Russo, Company, Respectfully submitted, Gilbert D, Chavenelle, City Manager February Mayor Special men kos, Nays-None. ;t- , 27, 1961 Session, February ORDINANCE NO. 4-61 An Ordinance Ameding the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34, desig- nated the Zoning Ordinance so as to change the herein described area from Heavy Industrial Class. ification to Restricted Industrial Classification, said Ordinance hav- ing been presented and read at the Council meeting of February 9, 1961, presented for Final Adoption. (ORDINANCE NO. 4-61 An Ordinance Amending the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3.34. designated the Zoning Ordinance, so as to change the herein describ- ed area from Heavy Industrial Dis- trict Classification to Restricted Industrial District Classification. Be It Ordained by the City Coun. ell of the City of Dubuque. Iowa: Section 1. That the Zoninl': Map of the City of Dubuque, as pro~ vided by Ordinance No. 3-34, de- signated the Zoning Ordinance. be and the same is hereby amended and changed by changing from its present Heavy Industrial District Classification to Restricted In- dustrial District Classification the property described as follo'....s: Blocks 9. 10. 11. 12, 13, 14, 15, 16. 17, 18 and 19 of River Front Subdivision Number 3. in the City of Dubuque, Dubuque County, Iowa. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and pUblication as by law pro- vided. Introduced the 9th day of Febru- ary. 1961. Rule requiring reudin.e: on three separate days suspended by unan- imous vote the 9th day of Febru- ary, 1961. Passed by recorded roll call vote, adopted and approved this 27th day of February. 1!l61. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER Lours SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald newspaper this 2nd day of March 1961. . LEO F. FROMMRLT 1. 3/2 City Clerk. Special 76 ~ l____'"'.....>I-.. ili'ifJi~.;,,~. 79 Councilman Schueller moved that the City Solicitor be directed to acquire all information possi~ ble to see what could be done as to the inauguration of a museum. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Coun. cilmen Kean, Schaller, Schueller, Takas. Nays-None. Councilman Takas moved that the Building Commissioner be in- structed to up-date the Zoning Or~ dinance. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takas. Nays-None. There being no further business Councilman Schaller moved to ad- journ. Seconded by Councilman Takos. Carried by the following vote Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso N ays--N one. LEO CLASS "B" BEER PERMIT Alan R. Uppinghouse, 238-240 West 6th St. Gerald p, O'Meara, BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. 253 Main St. . Councilman Takas moved that the petition be referred to the Mayor. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- koso Nays-None. Petition of Viola Boal et a1 ob- jecting to dogs running loose in the area of Stoltz and Saunders Street, presented and read. Mr. John Haferbecker of 160 Stoltz Street addressed the Council by stating that the stray dogs are running in packs in the area and requested that something be done about it. Mayor Schreiber moved that the petition be referred to the City Manager. Seconded by Coun- cilman Takas. Carried by the fol- lowing vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos, Nays-None. F. FROMMELT City Clerk ~ '...~. ""..,."".",.....".1961. """..""...."...1961. City Clerk. Session, February 27, 1961 Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 63.61 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. Notice of claim of Walter Hert- ner of 470 Kaufmann Avenue, in the amount of $150. for damage to his home as the result of con- struction of the Kaufmann Avenue Street sewer by Hennessey Bros. on January 15, 1961, presented and read. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, CouncH. men Kean, Schaller, Schueller, Takas. Nays-None. Communication of League of Iowa Municipalities addressed to Councilman Schueller, requesting that he attend a meeting of the League at Des Moines on Friday, March 10, 1961, to discuss ways and means of promoting the pas- sage of legislation allotting to cities and towns 15% of the road use tax money. Councilman Takas moved that Councilman Schueller be authorized to attend. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. Approved Councilmen Adopted Attest Special Session, February 27, 1961 Mr. Paul Barton, Ken Carlo and Mr. Krackow addressed the Coun. cil in support of the petition by making inquiry as to the possibil- ity of having the curb changed. It seemed to have resolved itself to the idea that it is a problem be~ tween the subdivider and the home owner. Passed, adopted and approved this 27th day of February, 1001. JOHN Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the followiog vote: Attest Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. Special 78 LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen SCHREIBER Mayor P. LEO F, FROMMELT City Clerk i I , RESOLUTION NO. 62-61 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the fOllowing applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMITS Alan R. Uppinghouse, 238.240 West 6th St. Gerald p, O'Meara, 253 Main St. Passed, adopted and approved this 27th day of February, 1961. JOHN p, SCHREIBER Mayor LEO N. SCHUELLER LOU1S SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen LEO F, FROMMELT City Clerk .~. Attest Petition of Peoples Natural Gas requesting permiSSion too excavate in Carter Road to service the new Eagle Food Center, presented and read. Mayor Schreiber moved that permission be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- Kean, Schaller, Schueller, Petition of Raphael W. Grant et al objecting to the combination curb and driveway entrances to their properties on AUura Drive in Marycrest Subdivision, present. ed ,:nd read. Councilman Takos moved that the rules be suspended to allow anyone present to address the Council if they so desire. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None men Takos. Nays-None.