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1961 August Council Proceedings282 Special Session, July 17, 1961 RESOLUTION NO. 191-61 WHEREAS, applications for beer permits were filed by the within named applicants and they have received the approval of this Coun- cil: 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 RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants, a beer permit: CLASS "B" PERMIT Joseph F. Costa, 1091 Main Street Mrs. Ramona Fettgather, 1103 Iowa Street Mrs. Jean Anfinson (Transfer from 647 E. 16th Street), 120 Southern Avenue Mrs. Marcella McCarty, 647 E. 16th Street Fred Ansel, 1100 Lincoln Ave. CLASS "C" PERMIT Louis O'Meara, 1655 Delhi Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. PASSED, ADOPTED AND AP- PROVED this 17th day of July, 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. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Councilman Schaller moved that the rules be suspended in order to let anyone present ad- dress the Council if they so de- sire. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Mr. Ray Cooper, 357 Southern Avenue, addressed the Council rel- ative to storm water that comes down from Tressa Street to the rear of his property. This condi- tion has been in existence for some time. Mr. Cooper was in- formed that some corrective meas- ures have been taken by raising the crown of Tressa street in or- der to divert the flow of water toward the catch basin in the side of the street, rather than having it all flow into the catch basin at the foot of Tressa Street. If this does not produce the desired ef- fect the only other way to correct the situation is to procure ease- ments from property owners at the foot Tressa Street and pipe the water to a ravine away from the Cooper property. Councilman Schueller moved that the problem be referred to the City Manager and Engineering De- partment. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. There being no further business Councilman Schueller moved to adjourn. Seconded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. LEO F. FROMMELT City Clerk Approved 1961. Adopted 1961. Councilmen Attest City Clerk Regular Session, August 7, 1961 283 CITY COUNCIL OFFICIAL Regular Session, August 7, 1961. Council met at 7:30 P.M. D.S.T. Present —Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. City Manager Gilbert D. Chavenelle. 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Proof of Publication, certified to by the Publisher, of Budget Es- timate and Record of Filing of the 1962 Budget, presented and read. as CD CI 0 LO NIN III 7 II< I� Ca CA CC CC CO c. co CO CO I c. 00 CO CO tO 00 CI VD Ca CO CI 00 CC CA oei 0 In CI 0 an 00 00 Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Schreiber. Carried by the fol- lowing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. n am m U 90 m 00 b G U1 CO W CO CO 0) oo 9 N a 4 00 00 CC of assessed Value July 21, 1961 Honorable Mayor and Members of the City Council City of Dubuque City Hall Dubuque, Iowa Gentlemen: At the request of the Board of Directors of the Chamber of Com- merce, its Tax Study Committee 284 Regular Session, August 7, 1961 is making an analysis of the 1962 Budget requests of the three tax- ing bodies in the City. Upon completion of our study of the City of Dubuque 1962 pro- posed budget submitted by the City Manager, we submit for your consideration the following obser- vations which were approved by our Board of Directors at their regular meeting July 20, 1961. 1. The Liquor Fund Revenue es- timated for 1962 shows a sub- stantial decrease from the ac- tual 1960 Revenue. 2. The Sanitation Sewer Rental Fund estimated for 1962 shows a decrease from the actual 1960 Revenue while the Water De- partment Revenues are esti- mated to increase. This is diffi- cult to understand since they are interlocked. 3. The Airport Revenues estimat- ed for 1962 are substantially less than the actual for 1960. 4. The Parking Meter Revenues estimated for 1962 are substan- tially less than the actual reve- nue for 1960. 5. Although surplus monies in the debt retirement funds have been invested in bonds, the in- terest on these bonds does not appear as estimated income for 1962. 6. Although in the Kaufmann Avenue Sewer Bond proceeds there will be an estimated bal- ance of $77,024.53 remaining after the payment of all bills, this sum does not appear in the estimated unencumbered balances to be available for re- ducing the payments in the Debt Service Fund or to be ex- pended for any other purpose. 7. Although in the Sewage Dis- posal Revenue Bond proceeds there will be an estimated bal- ance of $6,571.59 remaining af- ter the payment of all bills, this sum does not appear in the estimated unencumbered balances to be available for re- ducing the payments in the Debt Service Fund or to be expended for any other pur- pose. 8. The Program for Community Improvement of April 1961, shows the City's share of the first year for the Urban Re- newal Program to be $9,700.00 whereas the Budget estimates an expenditure of $50,000.00. These are not intended to be all inclusive but are merely a few examples of items in the budget which have led to the conclusion that the anticipated unencumbered balances and non -tax revenues have been materially underesti- mated while the costs of proposed expenditures have been over -esti- mated. This appears to be done with the objective stated on page two of the "1962 Budget Recom- mendation Summary," to recoup the cash reserves depleted in 1960 and 1961. The budget as presented admit- tedly contemplates increasing the uncommitted balance on hand at the end of the fiscal year. The committee agrees in principal to the restoration of a reasonable working balance. The committee does not agree to the restoration of a working balance in one year of all losses to that balance which have occurred over a period of two years during which actual spend- ing exceeded actual income. By under - estimating income and over - estimating expenditures, this budget contemplates an actual in- crease in balance at the close of the year that could amount to as much as $150,000.00. This anticipated increase can and should be re- evaluated by more realistic figures which will allow a more modest millage in- crease or none at all. Sincerely, J. M. Viol, Chairman Tax Study Committee Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. July 28, 1961 Honorable Mayor and Members of the City Council City Hall Dubuque, Iowa Gentlemen: In a recent statement to the press, the Mayor commented on our letter to the City Council con- cerning the 1962 budget. We were Regular Session, August 7, 1961 285 startled to see the Mayor dismiss our observations with the com- ment that we did not understand the law of municipal financing. We believe that perhaps we were not sufficiently lucid in our presenta- tion and, therefore, are submitting this letter to amplify our previous communication. The Sanitation Sewer Rental Fund does affect tax askings be- cause a portion of it is available to pay maintenance and operation of interceptor mains and lift sta- tions and to pay cost of trunk line sewers. The proposed budget raises the funds for these purposes through taxation in the Sanitation Fund. The appropriation of sewer rental funds to pay part of this cost would reduce the tax. The balance from the Kaufmann Avenue Sewer Bonds does affect tax askings because it is available to reduce the 1962 levy in the Debt Service Fund for the payment of interest and principal due on this bond issue in 1962. Since the budget law requires that the estimated miscellaneous non -tax revenues be subtracted from the budget requirements to arrive at the amount needed to be raised by taxes, it is clear that any under - estimation of any such non -tax revenues that are avail- able to the functional funds will reflect a need for additional taxa- tion. State liquor profits, airport and parking meter revenues were con- ceded by the Mayor to be esti- mated less than 1960 without any reason for the decrease. These do a. b. e. d. e. f. affect the tax askings since they were under- estimated and included in the miscellaneous revenues to- tal. We questioned the $50,000 esti- mated expenditures for Urban Re- newal as compared to the 1961 es- timate of $9,700 for the first year owing to the fact that already ap- propriated in the 1962 budget un- der Planning and Zoning are $6,300 for consultant and $7,000 for a city planner and under the Build- ing Commission's budget is $5,340 for a building inspector. These total $18,640 and are all listed as necessities in the Urban Renewal Program. Since these are appropri- ated, we were inclined to believe the $50,000 was an over - estimation for 1962 as these together would total $68,640 for Urban Renewal in 1962. The budget is on its face techni- cally illegal because the Manager states in his recommendations to the Council that it is designed with the purpose of producing more rev- enue than the city actually intends to spend with the result of at- taining his objective of increasing the working cash balances. As pre- viously stated, we do not object to a reasonable working cash bal- ance, but feel that the deficit re- sulting from the past two years' depletions should not be wholly restored in one year. Further, complying with the ex- pressed wish of the Mayor, we also wish to submit the following specific suggestions for reducing the 1962 tax askings all of which are within the scope of Iowa law. Transfer $10,000 from Road Use Tax Money to Bridge and and Viaduct Construction since the 14th Street Overpass is part of an arterial street. $ 10,000.00 Transfer at least $10,000 from Road Use Tax Money to Snow Removal to pay a portion of this street maintenance item on arterial streets. $ 10,000.00 Appropriate the uncommitted proceeds of the Kaufmann Avenue Sewer Bond issue to payment of principal and in- terest on this bond issue in 1962 and reduce the levy in the Debt Service Fund accordingly. (See Iowa Code Sec. 76.4)$ 77,024.53 Transfer at least $10,000 from Sewer Rentals to Sanitation Fund to pay fair share of operation, maintenance, repair and new construction of interceptor mains and lift stations not paid for by special assessment. $ 10,000.00 Reduce estimated expenditures in Urban Renewal by at at least $20,000.00. $ 20,000.00 Increase estimated revenue from Liquor Fund to at least the actual 1960 payments. $ 10,000.00 Total Reduction in Taxes $137,024.53 286 Regular Session, August 7, 1961 The Chamber is in favor of planned progress with the taxpay- er in mind and believes that these are fair observations to bring to the attention of the City Council prior to the public hearing Au- gust 7, 1961. Respectfully, J. M. Viol, Chairman Tax Study Committee Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Councilman Schaller moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Mr. Frank Saunders requested that the letters sent to the Council by the Chamber of Commerce Tax Study Committee be read in their entirety. His request was granted. Walter A. Pregler of 2966 Shiras addressed the Council by compar- ing salary of the newly appointed Building Inspector to that of po- licemen and firemen. Mr. Chas. Spielman of 1785 Bennett Street expressed himself by being against additional taxes in any form. Mr. Eldon Pfohl of 2591 Central Ave. stated that he felt that the Cham- ber of Commerce has done the public a great service. He raised the question, What is urban re- newal; and stated that he definitely was against it because it is not being explained to the citizens. He further stated that there are seven areas in this town that should be worked on but thought by placing money in the budget for urban renewal was the begin- ning of incurring a great future debt for the City. Mrs. Rob't Mc- Cabe of 576 Springgreen Court was definitely against the proposed hiring of meter maids as provided for in the budget and also that Bunker Hill Golf Course should be self supporting. Mr. Chas. Sitter• ly of 555 Clinton Street expressed alarm at the high taxes we are required to pay, not only on a local level, but made reference to the over all tax picture in general. Mr. R. F. Sefzik of 430 Clark Street read a list of objections to various phases of the budget. Mr. E. B. Lyons of 80 Fremont Avenue ad- dresed the Council by making in- quiry as to Urban Renewal. Mayor Schreiber stated that he would like to see something insert- ed into the budget covering a tree planting program and Councilman Schaller stressed the idea of giving some consideration to a proposed museum. Councilman Schueller moved that the tax askings in the budget be reduced as follows: Street Fund $47,000 (Street Repair and Grad- ing Item No. 128); Street Fund - Cancel Bridge and Viaduct Con- struction appropriation $10,000; Re- duce Capital Improvement in the General Fund -Urban Renewal $20,- 000, making a total reduction of $77,000. then add $3,000. to the Street Fund, tree trimming, and $2,500. to Recreation Museum ac- count, making a net overall re- duction in the 1962 budget of $74,- 000. Seconded by Councilman Schaller. Carried by the following vote: Yeas — Councilman Kean, Schal- ler, Schueller. Nays —Mayor Schreiber, Council- man Takos. RESOLUTION NO. 19241 WHEREAS, the Council of the City of Dubuque caused to be pre- pared and published as provided by law the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1962 and end- ing December 31, 1962, and the hearing upon said Budget Estimate was fixed for the 7th day of Aug- ust, 1961, at 7:30 P.M. D.S.T. at the Council Chamber of the City Hall; and WHEREAS, this being the time and place of said hearing said Bud- get Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. IT IS THEREFORE RESOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: Regular Session August 7, 1961 287 That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1962, and ending December 31, 1962, hereto- fore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be It Further Resolved that the taxes required to be collected in the year be and the same are here- by levied in the various funds in the amounts in said Budget Esti- mate. Passed, adopted and approved this 7th day of August, 1961. 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 Kean. Carried by the following vote: Yeas— Councilmen Kean, Schal- ler, Schueller. Nays —Mayor Schreiber, Council- man Takos. RESOLUTION NO. 193 -61 A Resolution Establishing the Tax Levies for the Year 1961, the taxes to be collected in the year 1962 and used for munici- pal purposes of the City of Du- buque. BE IT RESOLVED by the City Council of the City of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing year of 1961 of the following number of mills on the dollar of all taxable property within corporate limits of said City. 1.69060 mills for General Fund 1.5366 mills for Street Fund 11.5626 mills for Public Safety Fund 5.43147 mills for Sanitation Fund 2.0946 mills for Municipal En- terprise Fund 3.15703 mills for Recreation Fund 1.07206 mills for Utilities Fund .51225 mills for Fire Pension Fund .55437 mills for Fire Retirement Fund .6522 mills for Police Pension Fund .47557 mills for Police Retire- ment Fund .39187 mills for Federal Social Security .39214 mills for Iowa Public Em- ployees Retirement 3.42792 mills for Debt Service Fund 32.95133 Total Mills BE IT FURTHER RESOLVED that the 1.25 mills on the dollar is hereby levied upon all lots or par- cels of land containing ten acres or more which are occupied in good faith and used for agricul- tural or horticultural purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to cer- tify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Expenditures adopted by this Council on the 7th day of August 1961 to the Auditor of Dubuque County on or before August 15th, 1961. Passed, adopted and approved this 7th day of August 1961. LEO N. SCHUEIJ.RR 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 — Councilmen Kean, Schal- ler, Schueller. Nays —Mayor Schreiber, Council- man Takos. Council recessed at 11:05 p.m. Reconvened at 11:15 p.m. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider changing the Zoning Map so as to change the following described property from Local Business District "B" classification to Local Business District "A" classification; Beginning at a point which is the center line of East Twenty - Second Street and Washington 288 Regular Session, August 7, 1961 Street, thence southerly along the centerline of Washington Street to a point on Washington Street which is one hundred and twenty -five feet northerly from the centerline of East Twentieth Street, and Washington Street; thence easterly along a line par- alleling and at a distance of one hundred and twenty -five feet from East Twentieth Street to a point on Elm Street which is one hundred and twenty -five feet from the centerline of East Twentieth Street and Rhomberg Avenue; thence northeasterly along a line paralleling and at the distance of one hundred and twenty -five feet from the center- line of Rhomberg Avenue to the point of intersection of said line and the westerly right of way line of the Chicago Great West- ern Railroad Company; thence northerly along said right of way line to the centerline of East Twenty- second Street thence westerly along the centerline of East Twenty- Second Street to the centerline of East Twenty - Second Street and Washington Street which is the point of be- ginning, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. ORDINANCE NO. 42 -61 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3 -34, Designated the "Zoning Ordinance of the City of Dubuque" so as to change certain property hereafter described from Local Business District "B" classi- fication to Local Business District "A" classification, said Ordinance presented and read at the Council meeting of July 17, 1961, presented for Final adoption. ORDINANCE NO. 42 -61 An changing ra n and he Zoning Map of of City of Dubuque as Provided by Ordinance No. 3 -34, designated "Zoning Ordinance of the City of Dubuque" so as to change certain property hereafter described from Local Business District B" Classi- fication to Local District "A" Classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same Is hereby amended and changed as follows: Bue nesss Di trict " from 8 Class f ca- tion to Local Business District "A" Classification the following described area: Beginning at a point which is the center line of East twenty -sec- ond Street and Washington Street, thence southerly along the center- line of Washington Street to a point on Washington Street which is one hundred and twenty -five feet northerly from the centerline of East Twentieth Street; and Washington Street; thence easter- ly along a line paralleling and at the distance of one hundred and twenty -five feet from East Twenti- eth Street to a point on Elm Street which is one hundred and twenty - five feet from the centerline of East Twentieth Street and Rhom- berg Avenue; thence northeaster- ly along a line paralleling and at the distance of one hundred and twenty -five feet from the center- line of Rhomberg Avenue to t h e point of intersection of said line and the westerly Right of Way Line of the Chicago Great West- ern Railroad Company; thence northerly along said Right of Way Line to the centerline of East Twenty- second Street, t h e n c e westerly along the centerline of East Twenty - second street to the centerline of East Twenty - second Street and Washington Street which is the point of beginning. be in in fulls forceisandd effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 17th day of July, 1961. Rule requiring reading on three separate days suspended by unani- mous vote the 17th day of July, 1961. Passed by recorded roll call vote, adopted and approved this 7th day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHAL LER JAMES J. KEAN PETER T. TAKOS Councilmen ATTEST: Leo F. Frommelt City Clerk. Published officially in the Tele- graph- Herald Newspaper this 11th day of August, 1961. LEO F. FROMMELT 1 t. 8/11. City Clerk Regular Session, August 7, 1961 289 Councilman Takos 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- kos. Nays —None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider Amend- ment of Current Budget, Notice and record of hearing and certifi- cate to Amend Current Budget adopted August 1, 1960 by increas- ing expenditure in the General Fund from $265,031.00 to $275,- 031.00, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. ORDINANCE NO. 48 -61 An Ordinance Amending Budget as Approved by Resolution No. 167 -60 and Ordinance No. 1 -61, General Fund -City Buildings, said Ordinance having been previously presented and read at the Council meeting of July 17, 1961, presented for Final Adoption. ORDINANCE NO. 48 -61 An Ordinance amending Budget as approved by Resolution No. 167- 60 and Ordinance No. 1 -61. Be it Ordained by the City Council of the City of Dubuque: That the unexpended cash bal- ances on hand at the close of the preceding fiscal year not estimat- ed or appropriated in the original budget approved by Resolution No. 167 -60 and Ordinance No. 1 -61 are hereby allocated and appropriated for payment of necessary expendi- tures of City Government, in the following amounts and for the pur- poses as hereinafter set forth, and to that end the appropriations and allocations of funds are hereby authorized, to wit: Receipts Unemcumbered Fund Balance Total General Fund....10,000.00 10,000.00 Expenditures General Fund Item No. 114 —City Build- ings $10,000.00 Total additional appropria- tion for the expenditure of City Government of the City of Dubuque, Iowa for the fiscal year beginning January 1, 1961 and ending Decem- ber 31, 1961 $10,000.00 Passed upon first reading this 171h day of July 1961. Passed, adopted and approved upon final reading this 7th day of August 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 11th day of August 1961. LEO F. FROMMELT City Clerk It. 8/11 Councilman Takos moved the adoption of the Ordinance. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Assignment of Contract by Geo. Bock Co. to FWD Corporation of Clintonville, Wis. all right title and interest in and to the contract dated March 21, 1961 for the pur- chase of One F4F 1028 F. W. D. Fire Engine, presented and read. Councilman Kean moved the ap- proval of the Assignment. Second- ed by Councilman Takos. Carried by the following vote: Yeas--Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of Chapter 365 of the Code of Iowa, 1958, the Civil Service Commission conducted entrance examinations on June 14, 1961, for those seeking positions on the Fire Department. The following is the name of one who passed both the writ- ten and physical examinations and 290 Regular Session, August 7, 1961 his name is hereby certified for ap- pointment to the Fire Department. Kenneth A. Middleman Respectfully submitted, J. A. Carew Chairman Louis J. Lagen Commissioners Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me this 3rd day of August, 1961. (John W. Davis - Iowa - Notarial Seal) John W. Davis Notary Public in and for Dubuque County, Iowa Mayor Schreiber moved that the communication be received and made a matter of record. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos, Nays —None. July 31, 1961 Hon. Mayor & City Council City of Dubuque Dubuque, Iowa Gentlemen: On June 8, 1961, Ralph P. Buh- man, Rural Route 1, Dubuque, Iowa, filed his claim in the amount of $6.00 for damages allegedly re- sulting from the splashing of tar on his car on June 7, 1961 at 12th and Elm Streets in the City of Du- buque, Iowa, in the vicinity of Mc- Donalds. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend said claim be denied. Original claim is attached here- to. Respectfully yours, R. N. Russo City Attorney Councilman Schaller moved that the recommendation of the City Solicitor be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. August 7, 1961 Hon. Mayor & City Council City of Dubuque Dubuque, Iowa Gentlemen: On July 5, 1961 Mr. Francis Un- behaun of Cassville, Wisconsin, filed his claim against the City of Dubuque, in the amount of $38.50 for damages to his vehicle result- ing from striking a man hole cov- er at Roosevelt Street on June 30, 1961. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recom- mend denial of said claim. Original claim is returned here- with. Respectfully yours, R. N. RUSSO City Attorney Councilman Schaller moved that the recommendation of the City Attorney be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. July 31, 1961 Hon. Mayor & City Council City of Dubuque Dubuque, Iowa Gentlemen: On June 19, 1961, John W. Rich- ardson of 1045 Rockdale Road, Du- buque, Iowa, filed claim for dam- ages against the City of Dubuque in the amount of $9.00 as a result of sewer backing up into his base- ment which allegedly occurred on June 9, 1961. I have made an investigation of this matter and recommend that said claim be paid and that the City Auditor be instructed to draw a warrant payable to John W. Rich- ardson in the amount of $9.00 and to deliver the same upon receipt of a duly executed release. Original claim is attached here- to. Respectfully yours, R. N. RUSSO City Attorney Mayor Schreiber moved that the recommendation of the City Attor- Regular Session August 7, 1961 291 ney be approved and the Auditor instructed to draw a warrant in the amount of $9.00 payable to John W. Richardson and deliver the same upon receipt of a duly executed release. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Notice of claim of Leo Nader - mann, in behalf of his son Steven Nadermann, a minor, for personal injuries received by said minor in a fall over a water shut -off in front of 70 Nevada street on July 16, 1961, presented and read. Ma- yor Schreiber moved that the no- tice of claim be referred to the City solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. July 31, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK Stanley Chapin, Home Indemnity Company Merlin Goerdt, American Surety Company Huseman & Scholl, American Sure- ty Company Alfred Hedley, American Surety Company James F. Kunz, Columbia Casualty Company Arthur A. Hartman (Hartman Con- struction Co.), Columbia Casual- ty Company HEATING CONTRACTOR Lester Kaufman & George Kuse (DBA K & K Heating Contrac- tors), Merchants Mutual Bonding Company Joseph M. Powers, American Sure- ty Company Art T. Acheson, Western Surety Company EXCAVATION Walter Wilhelm, D /B /A Wilhelm Excavating Co., Dubuque Fire & Marine Insurance '.'cDonnell Excavating Service, Continental Casualty Company Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the bonds and policies be filed sub- ject to the approval of the City Solicitor. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. August 2, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is petition of George Helling, 269 York Street and oth- ers requesting vacation of short alley between Lot 28 Stewarts Sub. and Lots 1 of 2 and Lot 2 of Lot 2 of Lot 2 of Sub. of Lots 19, 20 and 21 Stewarts Sub. This alley has never been opened and Mr. Helling has main- tained same as drive and lawn. The Planning & Zoning Commis- sion recommends said alley be va- cated. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Takos moved ap- proval of the recommendation and directed that proper proceedings be prepared. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. August 2, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is petition of Louis J. Mahe et al requesting rezoning to Multiple Family Area. 292 Regular Session, August 7, 1961 This area is located on Pennsyl- ' vania Avenue composed of four lots. In previous action in October 1960 the Commission recommend- ed denial of an identical request. The Commission reaffirms its previous decision and recommends denial of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Allen's Trenching Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schueller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Wilhelm Excavating Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schueller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Mrs. Robert Wissing et al requesting the installation of a street light between 22nd and 23rd on White Street, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Wallace 11. Pearce et al requesting that it be made com- pulsory for Wahlert High School students to park their cars in the Wahlert High School parking lot rather than on the street, presented and read. Councilman Schueller moved that the pettion be referred to the City Manager and Traffic Department to check with Wahlert high school officials. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Rt. Rev. Msgr. J. Fred Kriebs et al requesting the instal- lation of a Stop Sign at the inter- section of Queen and Regent Streets, presented and read. Mayor Schreiber moved that the petition be referred to the City Manager and Traffic Department for inves- tigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Joseph Buenker et al requesting the erection of street lights on Illinois Avenue, presented and read. Councilman Schaller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of R. M. Zapf et al re- questing the erection of street lights on Pamela Court and also that provision be made to construct an entrance drive to Adeline street coming from Grandview Avenue without driving around the island, . presented and read. Councilman Schaller moved that the petition be referred to the City Manager, Elec- trical Inspector and Traffic Depart- ment for investigation and report. Seconded by Mayor Schreiber. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Regular Session August 7, 1961 293 Petition of Ray Vyverberg re- questing the vacation and convey- ance of a platted dead -end Street running west from Saunders Street, presented and read. Councilman Ta- kos moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. Petition of Peoples Natural Gas requesting permission to excavate in Green Street, (10 year street), presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Takos, Councilmen Kean, Schaller, Schueller, Takos. Nays —None. Petition of Merlin G. Stelzmiller et al requesting annexation of Lot 3 of 1 of 2 of 3 of M. L. 312; Lot 1 of 1 of 1 of 1 of 4 of M. L. 312; Lot 5 of M. L. 312; Lot 1 of 6 of M. L. 312; Lot 2 of 1 of 1 of 4 of M. L. 312 containing 19.728 acres more or less, presented and read. Councilman Takos moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas — Councilmen Kean, Schal- ler, Schueller, Takos. Nays —None. Petition of Amvets Auxiliary re- questing permission to hold White Clover Sale on August llth and 12th, 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- kos. Nays —None. August 1, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The Drexel Avenue Storm Sewer has been completed in accordance with plans and specifications by the Saffran Construction Company. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. (A Resolution Accepting Improve- ment) RESOLUTION NO. 194-61 WHEREAS, the contract for the construction of a 72 inch R.C.C.P. storm sewer from the existing storm sewer at Van Buren and Drexel Street, thence northerly paralleling Drexel Street to the existing storm sewer at Illinois Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from Municipal Im- provements 162 -J -2 in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 7th day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHULLER 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 294 Regular Session August 7, 1961 by Councilman Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. August 2, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith sumbitted for your con- sideration is Final Plat of Barbara Sub. This is a resub of Lots 1 to 9 Block 2 of Marycrest owned by George Saffran located just west of North Grandview Avenue and North of Kane Street. The new plat has only eight lots as the frontage of same has been increased. This plat has been approved by the Planning and Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. RESOLUTION NO. 195 -61 A Resolution Approving the Plat of Barbara Subdivision. Whereas George Saffran as the owner of Lots 1 to 9 inclusive of Block 2 of Marycrest Subdivision in the City of Dubuque, Iowa, has caused the same to be replotted as "Barbara Subdivision," consisting of eight lots, and has filed said plat with the City Clerk, and Whereas, said plat has been ex- amined by the Dubuque Planning & Zoning Commission and approved by it; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordi- nances relating thereto; and no new street is involved therein; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the aforesaid lots, which will be here- after known as `Barbara Subdivi- sion," is hereby approved and the Mayor and City Clerk are hereby authorized and directed to en- dorse the approval of the City of Dubuque upon said plat. Passed, adopted and approved this 7th day of August, 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 Councilman Kean. 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 Notice to Con- tractors of the Receipt of Propos- als for the construction of an eight inch (8 ") sanitary sewer in Shiras Avenue from the existing sanitary sewer in Shiras Avenue opposite the easterly property line of Lot 1 of Lot 3 of Mineral Lot 310, thence northwesterly in Shiras Avenue to the Corporation Limits, presented and read. Mayor Schreiber moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. August 7, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., August 7, 1961 for the eight inch (8 ") sanitary sewer in Shiras Avenue. The lowest bid sub- mitted was entered by Fondell and Sons of Dubuque, Iowa. The bid was 37.28% under the estimate. A tabulation of the bids received are attached. I recommend that the contract for the improvement be awarded to Fondell and Sons. Very truly yours, Gilbert D. Chavenelle City Manager Regular Session August 7, 1961 295 Mayor Schreiber moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. (Awarding Contract) RESOLUTION NO. 196 -61 WHEREAS, sealed proposals have been submitted by contractors for the construction of an eight inch (8 ") sanitary sewer in Shiras Avenue from the existing sanitary sewer in Shiras Avenue opposite the easterly property line of Lot 1 of Lot 3 of Mineral Lot 310, thence northwesterly in Shiras Ave- nue to the Corporation Limits pur- suant to Resolution No. 174 -61 and notice to bidders published in a newspaper published in said City on July 10, 1961 and July 17, 1961; and WHEREAS, said sealed proposals were opened and read on August 7, 1961, and July 17, 1961; and WHEREAS, said sealed proposals were opened and read on August 7, 1961, and it has been determined that the bid of Fondell & Sons, Inc. of Dubuque, Iowa in the amount of $6,416.60 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Fondell & Sons, Inc. of Dubuque, Iowa and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Approved and placed on file for one week on August 7th, 1961. Passed and adopted this 7th day of August, 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- kos. Nays —None. August 1, 1961 Hon. Mayor & City Council, City of Dubuque, Dubuque, Iowa Gentlemen: On July 3, 1961, City Council passed, adopted and approved Reso- lution No. 163 -61 authorizing con- veyance of a fraction of an acre to Robert Ibinger doing business as Janlin Plastics Company, which res- olution contained conditions with a reverter clause in the event of breach of conditions. The purchaser has objected to the reverter clause as has the lend- ing agency financing the improve- ment of the purchaser. Attached hereto is a Resolution declaring Resolution No. 163 -61 null and void and a new resolution for your enactment which elimi- nates the reverter clause. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. RESOLUTION NO. 197 -61 WHEREAS, Resolution No. 163 -61 being a resolution authorizing con- veyance of Lot Two (2) of Block Eight (8) of River Front Subdivi- sion No. 3 in the City of Dubuque, Iowa, was passed, adopted and ap- proved by the City Council of Du- buque, Iowa, on the 3rd day of July, 1961; and 296 Regular Session, August 7, 1961 WHEREAS, said resolution con- tained condition therein with a reverter clause in the event of breach of conditions, which are not acceptable to the purchaser of said property and to the lending agency financing said improvement. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 163 -61 passed, adopted and ap- proved on the 3rd day of July, 1961, be and the same is hereby de- clared null and void and of no further force and effect, and that the attached Resolution be adopted in lieu thereof. Section 2. That the City Clerk be and he is hereby authorized and di- rected to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 7th day of August, 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 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, Ta- kos. Nays —None. RESOLUTION NO. 198-61 Resolution authorizing convey- ance of Lot Two (2) of Block Eight (8) of River Front Subdivi- sion No. 3, in the City of Du- buque, Iowa. WHEREAS, Robert Ibinger of In- dependence, Missouri doing busi- ness as JANLIN PLASTICS COM- PANY has offered to purchase Lot 2 of Block 8 of River Front Sub- division No. 3 in the City of Du- buque, Iowa, for the sum of Three Thousand Five Hundred ($3,500.00) Dollars per acre as a factory site; and WHEREAS, the Dock Board of City of Dubuque, Iowa, has recom- mended acceptance of said offer; and WHEREAS, pursuant to public notice published in the Telegraph - Herald on June 12, 1961, and on June 19, 1961, a public hearing was held in the City Council Chambers on July 3, 1961 at 7:30 o'clock P.M. at which time and place all elec- tors of the City of Dubuque, Iowa, and all other interested parties were afforded an opportunity to appear and be heard on the pro- posal to dispose of said real es- tate; and WHEREAS, the City Council has determined that the proposal to dis- pose of said real estate is in the best public interest. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That all objections to the proposal to dispose of said real estate be and the same are hereby overruled. Section 2. That Lot 2 of Block 8 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, subject to easements reserved to the City of Dubuque for a storm sewer, be and the same is hereby sold and con- veyed to Robert Ibinger, doing bus- iness as Janlin Plastics Company of Independence, Missouri, for an agreed purchase price of $3,206.00. Section 3. Said conveyance is up- on the expressed condition, how- ever, 1) that the grantee construct a factory building thereon in accord- ance to the plans approved by the Dubuque Board of Dock Commis- sioners, 2) that said premises be used for manufacturing purposes employing a work force of 12 to 16 persons or more, 3) that said premises shall not be used for warehouse purposes, except and unless it be incidental to the manufacturing operations conducted on said premises. Section 4. That the Mayor and City Clerk be and they are hereby authorized and directed to execute the deed of the City of Dubuque, Iowa, conveying said property to said grantee subject to said condi- tions and deliver the same upon the receipt of the sum of $3,206.00. Section 5. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of Regular Session August 7, 1961 297 the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 7th day of August, 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 Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays —None. RESOLUTION NO. 199-61 WHEREAS, Reilly Realty, Inc. has heretofore dedicated an 8 foot wide public utility easement run- ning between Lot 2 of the subdivi- sion of Lot 21, Block 15 and Lot 2 of the subdivision of Lot 20, Block 15, all in "Green Acres Subdivi- sion" in the City of Dubuque, Iowa; and WHEREAS, Reilly Realty, Inc. has petitioned the City Council to vacate said easement in order that Reilly Realty, Inc. may make ad- justment in the dimensions of cer- tain lots in said subdivision; and WHEREAS, Reilly Realty, Inc. proposes to grant a new relocated public utility easement; and WHEREAS, the City Council of Dubuque, Iowa, has determined that the vacation of the present easement is in the best public int- erest, and conveyance of the city's interest therein to Reilly Realty, Inc. be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: P.M. at the City Council Chambers, in the City Hall in the City of Du- buque, Iowa. Section 2. That the cost of pub- lication of notice of intent to dis- pose of interest in real estate here- in provided be paid by Reilly Realty, Inc. Passed, adopted and approved this 7th day of August A.D. 1961, by unanimous roll call vote. 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 Kean. Carried by following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays —None. Section 1. That the City Clerk be and he is hereby ordered to pub- lish notice of proposal to dispose of interest in real estate and that the date of said disposal of inter- est in real estate be and the same is hereby fixed for the 5th day of September, 1961 at 7:30 o'clock Attest: August 2, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your con- sideration is Final Plat of Lots 2 to 6 Block 3; 2 to 6 Block 4; 2 to 13 Block 5 and Lots 2 to 13 Block 6 in Sunrise Heights. This subdivision is owned by Andy Richard and is located north of Kane Street and east of Grand- view Avenue extension. This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays —None. 298 Regular Session, August 7, 1961 RESOLUTION NO. 200 -61 A RESOLUTION APPROVING THE PLAT OF SUNRISE HEIGHTS. Whereas, there has been filed with the City Clerk a plat in which Lot 2 of Lot 19; Lot 2 of Lot 30 of Richard's Subdivision; Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 351; and Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 351 in the City of Dubuque, Iowa, are platted as Lots 2 to 6 of Block 3, Lots 2 to 6 of Block 4, Lots 2 to 13 of Block 5, and Lots 2 to 13 of Block 6 of Sunrise Heights, by Andrew J. Richard, as owner thereof, and said plat has been examined by the City Planning and Zoning Commis- sion and approved; and upon said plat appear streets and also ease- ments for public utilities which the owner upon said plat has dedi- cated to the public forever; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordin- ances relating thereto, except for the completion of the improve- ments of curb and gutter, paving, sewer and water services, and side- walks to be installed in and along the streets; Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of the streets together with the easements for public utilities, as the same appear upon said plat, are hereby accepted. Section 2. That the plat of the subdivision of the aforesaid lots, which will be hereafter known as Lots 2 to 6 of Block 3, Lots 2 to 6 of Block 4, Lots 2 to 13 of Block 5, and Lots 2 to 13 of Block 6 of Sunrise Heights, is hereby approved and the Mayor and Ctiy Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, provided the owner of said property, here - inbefore named, executes his writ- ten acceptance, hereto attached, agreeing: a. To reduce the streets to grade as shown by the profiles submit- ted with the plat. b. To surface the streets with an eight inch rolled stone base, a 21 inch hot mixed, hot laid bituminous concrete surfacing, and to provide concrete curb and gutter in accordance with the City of Dubuque Standards. c. To provide concrete sidewalks on both sides of the streets and adjacent to the lots as required by City Ordinance. d. To install water mains in accord- ance with the plans submitted with the plat. e. To install sanitary and storm water sewers in accordance with the plans submitted . with the plat. f. To install sanitary sewer and water house laterals from the mains to the property lines. g. To construct the foreging im- provements in accordance with plans and specifications approv- ed by the City Manager and un- der the supervision of the City Engineer. h. To maintain the aforesaid im- provements for a period of four years from the date of their ac- ceptance by the city. i. To improve the foregoing im- provements and maintenance at the expense of the owner. j. To complete said improvements prior to November 1, 1962; and further provided that Andrew J. Richard, as owner of said sub- division, secure the performance of the foregoing conditions by pro- viding security in such sum and with such sureties as may be ac- ceptable to the City Manager. Section 3. That in the event that the said Andrew J. Richard shall fail to execute the acceptance and provide the security provided for in Section 2 hereof within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedications and the approval of the plat shall not be effective. Regular Session August 7, 1961 299 Passed, adopted and approved this 7th day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO . ry OM MELT, Cle To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity provided by the foregoing Reso- lution No. 200 -61 has been furnish- ed by the owner. Dubuque, Iowa August 17, 1961 Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 20031 The undersigned, Andrew J. Richard, having read the terms and conditions of the foregoing Reso- lution No. 200-61 and being famil- iar with the contents thereof, here- by accept the same and agree to perform the conditions required by them. ANDREW J. RICHARD Councilman Takos moved the adoption y Councilman the n Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays —None. Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council - -.en Kean, Schaller, Schueller, 1 axos. Nays —None. May 27, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is Final Plat of Block lA and Block 15 Steger a part of the is Original Steger f Heights but was re- subdivided due to the relocation of Ethel Avenue. by This plat has been approved Planning and Zoning Commis- sion. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION. By Owen Riley, Secretary. Councilman Takos moved that the communication be received filed. Seconded by Councilman RESOLUTION NO. 201.61 Resolution Approving the Plat of the Subdivision of Block 1 -A and Block 15 in Steger Heights in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat of the Subdivision of Block 1 -A and Block 15 in Steger Heights in the City of Dubuque, Iowa, by Fay Thomas Steger and Calista Ann Steger, and Whereas, upon said plat appears easements which the owners upon said plat have dedicated to the pub- lic forever; and Whereas, said plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances re- lating thereto, and that the grades have not been established or the street graded, or the surfacing, sewer and water mains installed; and Whereas, Ethel Avenue as the same appears upon said plat has heretofore been dedicated to the public forever; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of easements for public utilities as the same appear upon said plat, be and the same are hereby accepted: Section 2. That the plat of the Subdivision of Block 1 -A and Block 15 in Steger Heights in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and the City Council and the City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque upon said plat, provided the owners of said prop- erty, hereinafter named, execute their written acceptance hereto at- tached, agreeing: (a) To reduce Ethel Avenue to grade as r,hown by the profile submitted with the plat; (b) To surface Ethel Avenue as the same appears on said plat for a width of thirty -one (31) feet from curb to curb with eight - inch (8 ") rolled stone base and bituminous concrete paving two and one -half (21/2) inches thick, 300 Regular Session, August 7, 1961 type "A" concrete curb and gutter, all in accordance with City of Dubuque standard speci- fications for bituminous con- crete streets; and to construct sidewalks; (c) To construct said pavement, sidewalks and curb improve- ments within one (1) year from the date of the adoption of this Resolution and pay the entire costs thereof, including the cost of publication and inspection; (d) To construct the foregoing im- provements in accordance with the plans and specifications ap- proved by the City Manager under the inspection of the City Engineer and in the man- ner approved by the City Man- ager; (e) That the grantees shall enter into a contract for the con- struction of said pavement and curb with a well - qualified con- tractor, which contract, among other things, will contain a clause requiring the contractor to obtain all necessary per- mits required by the City of Dubuque, or any other gov- ernmental agency, a clause ob- ligating the contractor and his bondsmen to keep said pavement sidewalk and curb in good repair for a period of not less than four (4) years from the date of acceptance of the work and a clause re- quiring the contractor to ob- tain a surety bond with the City of Dubuque named as one of the obligees guaranteeing the faithful performance of said contract; (f) That upon completion of said pavement and curb and the ac- ceptance of the same by the City Council, said pavement and curb shall become public pavement and curb under the exclusive charge and control of the City of Dubuque and its free use as such shall not be interfered with by the gran- tees or their successors, or as- signs; (g) That Fay Thomas Steger and Calista Ann Steger, as owners of said Subdivision, secure the performance of the foregoing terms and conditions by pro- viding security in an amount not Less than ten (10) per cent of the costs of said pavement sidewalk and curb with such sureties as may be acceptable to the City Manager, and said security shall be for a period of not Less than four (4) years from the date of acceptance of said improvements by the City Council. Section 2. That the authority granted herein shall terminate on October 1st, 1961, unless the terms and conditions are accepted in writing by the grantees prior to that date. Passed, adopted and approved this 7th day of August, A.D.1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F FROMMELT City Clerk This is certify that the security provided by the foregoing Resolu- tion No. 201-61 has been provided by the owners. Dated at Dubuque, Iowa, this 8th day of August, A.D.1961. Gilbert D. Chavenelle City Manager Acceptance of Resolution No. 20141 Fay Thomas Steger and Calista Ann Steger, being familiar with the terms and conditions of the foregoing Resolution No. 201 -61, hereby accept the same and agree to perform the conditions re- quired of them therein. Dated at Dubuque, Iowa, this 8th day of August, A.D. 1961. Fay Thomas Steger Calista Ann Steger 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, Ta- kos. Nays —None- ORDINANCE NO. 49-61 An Ordinance Granting Fay Thomas Steger and Calista Ann Steger the Right to Construct Sanitary Sewers and Water Mains in Ethel Avenue from the west property line of Prysi Regular Session, August 7, 1961 301 Street southwesterly a distance of 391 feet more or less in Ste- ger Heights in the City of Du- buque, Iowa. Councilman Schueller moved that the reading just 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- kos. 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- kos. Nays —None. ORDINANCE NO. 49 -61 AN ORDINANCE GRANTING FAY THOMAS STEGER AND CALTSTA ANN STEGER THE RIGHT TO CONSTRUCT SANI- TARY SEWERS AND WATER MAINS IN THE FOLLOWING STREET AND PROPERTY IN THE ..CITY ..OF ..DUBUQUE, IOWA: Ethel Avenue from the west property line of Prysi Street southwesterly a distance of 391 feet more or less in Ste- ger Heights 171 the City of Dubuque, Iowa AND PROVIDING THE TERMS AND CONDITIONS THEREOF' BE IT ORDAINED BY THE CITY COUNCIL OF OF DUBUQUE, WA THE CITY Section 1. That Fay Thomas Steger and Calista Ann Steger be and they are hereby granted the right to construct an 8 inch sani- tary sewer and laterals to t h e street lines and a 6 inch water main and laterals to the street line in the following street and property in the City of Dubuque, Iowa. Ethel Avenue from the west property line of Prysi Street southwesterly a distance of 391 feet more or less in Steger Heights in the City of Du- buque, Iowa, Thomas Steger and the said Fay and Calista Ann Steger be and are hereby granted the right to construct an 8 inch sanitary sew- er extending from Ethel Avenue southerly a distance of 160 feet more or less to an existing trunk line sewer upon the following terms and conditions: (a) That the grantees agree to construct said sewer and water mains within one (1) year from the date of adoption of this Ordi- nance and pay the entire cost thereof, including the cost of pub- lication and inspection; (b) That said sewer and water mains shall be constructed in ac- cordance with the plans approved by the State Department of Health and the City Manager and under the supervision and direc- tion of the City Manager and City Engineer; (c) That the grantees shall en- ter into a contract for the con- struction of said sewer and water mains with a well - qualified con- tractor, which contract, among other things, will contain a clause requiring the contractor to obtain all necessary permits required by the City of Dubuque, Iowa, or any other governmental agency, a clause obligating the contractor and his bondsmen to keep said sewer and water mains in good repair for a period of not less than four (4) years from the date of acceptance of the work and a clause requir- ing the contractor to furnish a surety bond with the City of Du- buque, Iowa, named as one of the obligees guaranteeing the faith- ful performance of said contract; (d) That upon completion of said sewer and water mains and the acceptance of the same by t h e City Council, said sewer and wa- ter mains shall become public sew- er and water mains under the ex- clusive charge and control of the City of Dubuque, Iowa, and its free use as such shall not be in- terfered with by the grantees or their successors or assigns; (e) That Fay Thomas Steger and Calista Ann Steger secure the per- formance of the foregoing terms and conditions by providing se- curity in an amount not less than ten (10) per cent of the cost of said sanitary sewer and water mains with such sureties as may be acceptable to the City Man- ager and said security shall be for a period of not less than four (4) years from the date of ac- ceptance of said improvements by the City Council. Section 2. The authority granted herein 1, unless the October co 1961, terms and conditions of this Ordinance are accepted in writing t the gran- tees Section 3. that date. Sectiou 3. This Ordinance shall be in full force and effect from and after its passage, adoption and publication as provided by law. PASSED, ADOPTED AND AP- PROVED this 7th day of August A. D., 1961. JOHN P. SCHRETBER Mayor LEO N. SCHULLER LOUTS SCHALLER JAMES J. KEAN PETER J. TAKOS OUncilmen ATTEST' Leo F. Frommelt City Clerk. ACCEPTANCE OF ORDINANCE NO. 49 -61 Fay Thomas Steger and Calista Ann Steger, having full knowl- edge and understanding of all the terms and conditions of Ordinance No. 49 -61, hereby accept the same as passed and agree to comply with the terms and conditions thereof. Accepted this 8th day of Au- gust, A. D., 1961. FAY THOMAS STEGER CALTSTA ANN STEGER .. Published officially in the Tele- graph- Herald Newspaper this 11th day of August 1961. Leo F. Frommelt City Clerk 1 t. 8/11 Councilman Schueller moved the adoption of the Ordinance. Second- 302 Regular Session, August 7, 1961 ed by Councilman Schaller. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. RESOLUTION NO. 202-61 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law re- lating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Frederick J. Sear, 1701 Central Avenue Lucille Curry (My -Cap Vendors, Inc.), 7B Fischer Building George Kennedy, 2148 Central Ave- nue John V. Meehan, 339 East 20th Street Joseph R. McGeough (My -Cap Ven- dors, Inc.), 400 Rhomberg Ave- nue Patricia A. Donath, 400 Iowa Street Fred Ansel, 1100 Lincoln Avenue Celia M. Vosberg, 330 Main Street Neil Richman (My -Cap Vendors, Inc.), 1598 Elm Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 7th day of August, 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 Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. RESOLUTION NO. 203 -61 WHEREAS, applications for beer permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS 'B" PERMIT Mrs. Josephine Nicks, 103 East 22nd Street Milton E. Chapman, 709 Univer- sity Avenue DeForrest P. Koeller, 127 West 6th Street Joseph R. McGeough, 400 Rhom- berg Avenue John V. Meehan, 399 East 20th Street Patricia Ann Donath, 400 Iowa Street Neil R. Richman, 1598 Elm Street Albert J. Ney, 1842 Central Ave- nue Celia M. Vosberg, 330 Main Street Creslanes Bowling, 255 South Main Street Fred J. Sear, 1701 Central Avenue CLASS "C" PERMIT Mrs. Leonora A. Davis, 2401 Wind- sor Avenue Harold 0. Specht, 3003 Asbury Street Passed, adopted and approved this 7th day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays —None. RESOLUTION NO. 204-61 Whereas, applications for beer permits were filed by the within named applicants and they have re- ceived the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants were in- spected and found to comply with the ordinances of this City and they have filed proper bond: Regular Session, August 7, 1961 303 Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to is- sue to the following named appli- cants, a beer permit: CLASS `B" PERMIT Name Address Mrs. Josephine Nicks, 103 East 22nd Street. Milton E. Chapman, 709 Univer- sity Avenue. DeForrest P. Keener, 127 West 6th Street. Joseph R. McGeough, 400 Rhom- berg Avenue. John V. Meehan, 399 East 20th Street. Patricia Ann Donath, 400 Iowa Street. Neil R. Richman, 1598 Elm Street. Albert J. Ney, 1842 Central Avenue. Celia M. Vosberg, 330 Main Street. Creslanes Bowling, 255 South Main Street. Fred J. Sear, 1701 Central Avenue. CLASS "C" PERMIT Mrs. Leonora A. Davis, 2401 Windsor Avenue. Harold 0. Specht, 3003 Asbury Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of August, 1961. JOHN P. SCHREIBER, Mayor LEO N. SCHUELLER, 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 Kean. Carried by the following vote: Yeas —Mayor Schreiber, Council- men, Kean, Schaller, Schueller, Takos. Nays —None. There being no further business, Mayor Schreiber moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays —None. , LEO F. FROMMELT, City Clerk. Approved Adopted 1961. 1961. Councilmen Attest City Clerk 304 Special Session, August 21, 1961 CITY COUNCIL (Official) Special Session, August 21, 1961. Council met at 7:30 P. M. D. S. T. Present —Mayor Schreiber, Coun- cilmen Schueller, Takos. City Man- ager Gilbert D. Chavenelle. Absent — Councilmen Kean, and Schaller. Mayor Schreiber read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering an Ordinance Fixing and establishing rates to be charged for the furnishing of natural gas within the City of Dubuque, Iowa, and also considering an Ordinance establishing an electrical examining board to provide for the examina- tion and licensing of Electrical Con- tractors, Service, Journeyman and Maintenance Electricians and the collection of fees and providing penalty for the violation thereof, and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Communication of Harry J. Be- mis of 3120 Windsor Avenue, ob- jecting to the growth of weeds and under brush next to his property, presented and read. Councilman Schueller moved that the communication be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilman Kean, Schaller. Communication of Iowa State De- partment of Health issuing permit No. 61 -171 -S for the installation of 1939.6' of 8" sewer pipe and no- tice 61 -45 -W water main extensions all in Clover Hills Subdivision, pre- sented and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Communication of Dubuque Dock Commission restating their position relative to the location of the soft- ball park on Area "B" as agreed at the Commission meeting of Sep- tember 26, 1960, presented and read. Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Communication of The Home In- surance Company issuing cancella- tion of the excavation policy issued to Donald Heinen, presented and read. Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. August 4, 1961 The Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The Preliminary Schedule of As- sessments on the City of Dubuque 1961 Concrete Curb and Gutter has been certified to the office of the County Auditor under date of May 8, 1961. A typographical error was dis- covered in the listing of the sched- ule of assessments for Valley Street. Certain lots are shown as being in Randall's Sub which should be shown as being in Levi's Addition as follows: On sheet 1 of 3 of Valley St. Concrete Curb and Gutter from west property line of Southern Ave. to north property line of Mt. Loretta. Owner Lot Chas. J. Murphy -16 of Randall's Sub should be 16 Levi's Add. Leonore Ziepprecht -17 of Ran - dall's Sub should be 17 Levi's Add. Special Session, August 21, 1961 305 Lenore Ziepprecht -18 of Ran - dall's Sub should be 18 Levi's Add. Lenore Ziepprecht -19 of Ran - dall's Sub should be 19 Levi's Add. David B. Heisey -2 -25 of Randall's Sub should be 2 -25 Levi's Add. David B. Heisey -1 -25 of Randall's Sub should be 1 -25 Levi's Add. City of Dubuque- 1 -1 -26 of Ran - dall's Sub should be 1 -126 Levi's Add. Leo R. & Juanita Oswald- 2 -1 -26 of Randall's Sub should be 2 -1 -26 Levi's Add. Leo R. & Juanita Oswald -2 -26 of Randall's Sub should be 2 -26 Levi's Add. Leo R. & Juanita Oswald -27 of Randall's Sub should be 27 Levi's Add. Anna M. S. Johnston -28 of Ran - dall's Sub should be 28 Levi's Add. Barbara Breitbach -29 of Randall's Sub should be 29 Levi's Add. Eliz. Kirk -30 of Randall's Sub should be 30 Levi's Add. Horace Estate & Hilda Poole -31 of Randall's Sub should be 31 Levi's Add. Horace Estate & Hilda Poole -32 of Randall's Sub should be 32 Levi's Add. In order to correct the error I recommend that a certified copy of this letter showing approval by the Council be filed by the City Clerk with the County Auditor to be attached to the Preliminary Schedule of Assessment to correct original error in the filing of the Valley Street schedule. Respectfully submitted Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilman Kean, Schaller. August 11, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In accordance with Ordinance No. 51 -56„ I recommend that the City Council approve the transfer of funds available in the follow- ing Special Assessment Funds, on which all Improvement Bonds have been paid and all installments of the assessment have been paid and have a credit balance, to the Gen- eral Special Assessment Fund: Fund Street and Type Credit No. of Improvement Balance 987 —Balke Street —Curb and Gutter $ 44.77 1004 —Edith Street—Curb and Gutter 28.73 1008 — Mineral Street — Curb and Gutter214.12 1009 — Sheridan Street — Curb and Gutter 49.04 1011 —Hazel Street —Curb and Gutter 6.93 1014 —York Street — Curb and Gutter 336.85 1018 —Balke Street —Curb and Gutter 1027 — McLenan Street — Curb and Gutter 127,98 1032 —Buena Vista Street —Curb and Gutter118.24 1033 — Napier Street — Curb and Gutter 1051 — Lawther Street — Curb ,.nd Gutter.05 1058— Decatur S t r e e t— Curb and Gutter 6.58 1062 — Stetmore Street — Curb and Gutter 10.14 1069 —North Algona Street —Curb and Gutter 1070 —Pearl Street —Curb and Gutter 1071 —Apple Street —Curb and Gutter 124.90 52,57 4.29 8.03 10.44 Total Credit Balance to be transferred to the Gen- eral Special Assessment Fund $1,143.66 Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilman Kean, Schaller. 306 Special Session, August 21, 1961 August 11, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: According to Ordinance No. 51- 56, I recommend that funds be transferred from the General Spe- cial Assessment Fund to the f ol- lowing Special Assessment Funds to cover debit balances: Fund Street and Type Debit No. of Improvement Balances 1037 —West 16th Street — Curb and Gutter $ 11.47 1041 —Avoca Street — Curb and Gutter 1055 — Bradley Street —Curb and Gutter 1061 —Rider Street — Curb and Gutter 8.14 11.08 93.90 Total Debit Balances to be transferred from General Special Assess men t Fund $124.59 Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilman Kean, Schaller. August 21, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the report of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, 1961, as well as a list of claims and payrolls for which war- rants were issued for the month of July, 1961. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Schreiber moved that re- orts be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilman Kean, Schaller. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of July, 1961, presented and read. Mayor Schreiber moved that the proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. August 21, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK William Lyons — Hartford Acci- dent & Indemnity Co. HEATING CONTRACTORS Sydney Datisman — Western Sure- ty Company. W. J. Jordan — General Insurance Company. Walter F. Gronau & William H. Lammer— United Pacific Insurance Company. EXCAVATION H. M. Steger and F. T. Steger - D/B/A Steger Construction Co.— The Fidelity and Casualty Co. Howard Allen — Commercial In- surance Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Mayor Schreiber. Carried by the follow- ing vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. r Special Session, August 21, 1961 307 August 11, 1961 Hon. Mayor & City Council City Hall Dubuque, Iowa Gentlemen: On March 3, 1961, Eva M. O'Rourke, 1651 White St., Dubuque, Iowa, filed her claim for injuries suffered as a result of a fall at the east cross walk of the inter- section of 18th & Central, on the 10th day of February, 1961, which fall resulted from defective man- hole cover and area surrounding same. I have made an investigation of this matter and have conferred with the claimant who has agreed to accept the amount of $40.50, same being the total amount of her medical expenses, in full set- tlement of her claim. It is the recommendation of the City Attorney that said offer be accepted, and it is respectfully recommended that the City Audi- tor be instructed to draw a war- rant payable to Eva M. O'Rourke and Vincent O'Rourke, her hus- band, in the amount of $40.50 and to deliver the same upon the re- ceipt of a duly executed release by Eva M. O'Rourke and Vincent O'Rourke, her husband. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Schueller moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue a war- rant payable to Eva M. & Vincent O'Rourke in the amount of $40.50 and to deliver the same upon re- ceipt of proper release. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Notice of claim of Mrs. Kathryn D. Cable of 65 Valley Street, in the amount of $224.76, for per- sonal property damage as the re- sult of storm water running on to their property while the street was under construction, presented and read. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Notice of claim of Mrs. Clifford Lorraine Wainwright, in an un- stated amount, for personal in- juries received in a fall in front of her residence at 472 W. 4th Street, on August 7, 1961, pre- sented and read. Councilman Ta- kos moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Schreiber. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. ORDINANCE NO. 50.61 An Ordinance Amending Ordi- nance No. 33-49 of City of Du- buque, Iowa, by adding a new Sub- section 7 to Section 8.1 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- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. ORDINANCE 140. 50-61 Ordinance amending Ordinance No. 3349 of City of Dubuque, Iowa, by ading a new Subsection 7 to Section 8.1 thereof. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 33-49 of City of Dubuque be and the same is hereby amended by adding a new subsection 7 to Section 8.1 thereof as follows, to -wit: 308 Special Session, August 21, 1961 any person driving a mot vehicle on any street of this Cit shall drive the same at a careful an Prudent speed not greater than o less than is reasonable and proper having due regard to the traffic stir face and width of the streets and o any other conditions then existing and no person shall drive any vehicle at a speed greater than will permit assured bring itdist distance stop h ad within the driver having the right to assume, however; that all persons using such streets will observe the Mw. The following shall be the lawful speed except as hereinbefore or here- inafter modified, and any speed in ex- cess thereof shall be unlawful: 1. Twenty miles per hour in any busi- ness district except as provided in subsections 5 and 6. 2. Twenty -five miles per hour in any residence or school district except as provided Forty miles per subsections rfor any motor vehicle drawing another vehicle in any district or on any street where the lawful speed is in excess of forty miles per hour. 4. Forty -five miles per hour in any suburban district. 5. Thirty -five miles per hour on Lo- cust Street between Southern Avenue and Dodge Street. 6. Fifty -five miles per hour for south- bound vehicles on Kerrigan Road from Southern Avenue to the City Limits and for northbound vehicles on "Kerrigan Road from the City Limits to Mt. Carmel Road. 7. Fifteen miles per hour in Grand- view Park, Eagle Point Park and Flora Park." Passed, adopted and approved this 21st day of August A. D. 1961, by unani- mous roll call vote. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph - Herald Newspaper this 25th day of August 1961. LEO F. FROMMELT lt, 8/25 City Clerk °r " Ordinance. Seconded by Council- a • man Takos. Carried by the follow- • ing vote: r- • Yeas —Mayor Schreiber, Council- men Schueller, Takos. Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. ORDINANCE NO. 5141 An Ordinance Fixing and Estab- lishing Rates to be charged for the Furnishing of Natural Gas to Consumers within the City of Dubuque, Iowa; Fixing and Reg- ulating the method of Service thereof and Repealing Ordinance No. 50 -57 and all Ordinances and Resolutions in Conflict Here- with, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Nays —None. Absent — Councilmen Kean, Schaller. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Absent — Councilmen Kean, Schaller. Councilman Schueller moved that the Ordinance be placed on file with the City Clerk for at least one week for public inspec- tion before its final adoption. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Mr. Chas. T. (Mac) Correll of 1110 Iowa Street addressed the Council inquiring why the cut in gas rate is being made and also if the citizens would be given any further opportunity to have a hear- ing on the Ordinance, before it is finally adopted. Mr. Wilfred Naught asked the question "Why not give us a real cut in the gas rate ?" He was of the opinion that we should have lower rates than Manchester and Dyersville and any rate adopted here should be in relation to towns west of here. Both gentlemen were given assur- ances that the Ordinance would be subject to further hearings. ORDINANCE NO. 5241 An Ordinance to Establish an Electrical Examining Board, to Provide for the Examination and Special Session, August 21, 1961 309 Licensing of Electrical Contrac- tors, Service Electricians, Jour- neyman Electricians, and Main- tenance Electricians, and the Col- lection of Fees and to provide Penalties for violations hereof, 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 Schueller, Takos. 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 Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Councilman Schueller moved that the Ordinance be placed on file with the City Clerk for at least one week for public inspection be- fore its final adoption. Seconded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Irma Wagner (My- Cap Vendors) requesting a refund of $75 on the unexpired portion of cigarette license No. 223, as she has discontinued business on August 14, 1961, presented and read. Mayor Schreiber moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Irma Wagner (My- Cap Vendors) in the amount of $75 to cover the amount due on the unexpired portion of cigarette License No. 223. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Merlin P. Michel re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 59, as he has discon- tinued business on August 12, 1961, presented and read. Mayor Schrei- ber moved that the refund be granted and the Auditor instructed to issue a warrant payable to Mer- lin P. Michel in the amount of $75 to cover the amount due on the unexpired portion of cigarette li- cense No. 59. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Mrs. Verna D. Michel requesting a refund of $50 on the unexpired portion of Class B beer license No. 3, as she has discon- tinued business on August 12, 1961, presented and read. Mayor Schrei- ber moved that the refund be granted and the Auditor instructed to issue a warrant payable to Mrs. Verna D. Michel in the amount of $50 to cover the amount due on the unexpired portion of Class B beer license No. 3. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Theodore J. Staner requesting a refund of $75 on the unexpired portion of cigarette li- cense No. 194, as he discontinued business on August 7, 1961, pre- sented and read. Mayor Schreiber moved that the refund be granted and the Auditor instructed to issue a warrant payable to Theodore J. Staner in the amount of $75 to cover the amount due on the un- expired portion of cigarette license No. 194. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Joseph F. Oberhoffer requesting a refund of $50 on the unexpired portion of Class B beer permit No. 147, as he has discon- tinued business on August 19, 1961, presented and read. Mayor 310 Special Session, August 21, 1961 Schreiber moved that the refund be granted and the Auditor in- structed to issue a warrant payable to Joseph F. Oberhoffer in the amount of $50 to cover the amount due on the unexpired portion of Class B beer permit No. 147. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Joseph F. Oberhoffer requesting a refund of $75 on the unexpired portion of cigarette li- cense No. 55, as he has discon- tinued business on August 19, 1961, presented and read. Mayor Schrei- ber moved that the refund be granted and the Auditor instructed to issue a warrant payable to Jo- seph F. Oberhoffer in the amount of $75 to cover the amount due on the unexpired portion of ciga- rette license No. 55. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Wilson Conlan et al requesting that the existing alley off Delaware Street to Green Street between Alta Place and Algona Street be opened and a grade es- tablished, presented and read. Ma- yor Schreiber moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Navy Mothers re- questing permission to sell tags on Saturday, October 14, 1961, pre- sented and read. Mayor Schreiber moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Petition of Dave Elgin et al ob- jecting to the condition of the prop- erty located at 2618 Broadway, presented and read. Mayor Schrei- ber moved that the petition be received and filed after it was reported by the City Manager that as the result of the property changing hands recently it is be- ing restored to a presentable con- dition. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. August 16, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On August 7, 1961, Mrs. Bessie Whitsel, 177 Main Street, was charged with having liquor for beverage purposes of alcoholic content greater than 4% by weight, in violation of Section 26 of Ordi- nance 9 -35. On August 8, 1961, Mrs. Bessie Whitsel entered a plea of guilty in Police Court of the City of Du- buque and was fined $100.00 for violation of this ordinance. I therefore recommend that the Class "B" Beer Permit No. 8 is- sued in the name of Mrs. Bessie Whitsel be revoked. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. RESOLUTION NO. 205-61 WHEREAS, the City Council of Dubuque, Iowa, on the 19th day of December, 1960, caused to be is- sued a Class 'B" Beer Permit bearing the number 8 to Mrs. Bes- sie Whitsel of Dubuque, Iowa, op- erating at 177 Main Street, Du- buque, Iowa; and WHEREAS, it has come to the attention of the City Council that the owner of said permit was fined Special Session, August 21, 1961 311 $100.00 on charge of violation of Section 26 of Ordinance 9 -35, the same being the Beer Ordinance 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 No. 8, heretofore issued to Mrs. Bes- sie Whitsel 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 same for cancellation. Passed, adopted and approved this 21st day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Schreiber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. August 16, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On August 7, 1961, Robert Kam- merude, 129 Main Street, was charged with having liquor for beverage purposes of alcoholic content greater than 4% by weight, in violation of Section 26 of Ordi- nance 9 -35. On August 8, 1961, Robert Kam- merude entered a plea of guilty in Police Court of the City of Du- buque and was fined $100.00 for violation of this ordinance. I therefore recommend that the Class "8" Beer Permit No. 48 is- sued in the name of Robert Kam- merude be revoked. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. RESOLUTION NO. 206.61 WHEREAS, the City Council of Dubuque, Iowa, on the 17th day of April, 1961, caused to be issued a Class "B" Beer Permit bearing the number 48 to Robert Kammerude of Dubuque, Iowa, operating at 129 Main Street, Dubuque, Iowa; and WHEREAS, it has come to the attention of the City Council that the owner of said permit was fined $100.00 on charge of violation of Section 26 of Ordinance 9 -35, the same being the Beer Ordinance 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 No. 48, heretofore issued to Robert Kammerude 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 same for cancellation. Passed, adopted and approved this 21st day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER 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 Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. August 17, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On August 11, 1961, Robert P. McFadden, bartender at the Pub Tavern, 253 Main Street, was charged with making beer avail- 312 Special Session, August 21, 1961 able to minors in violation of Sec- tion 19 of Ordinance 9 -35. On August 12, 1961, Robert P. McFadden entered a plea of guilty in the Police Court of the City of Dubuque and was given a $100.00 fine, $50.00 being remitted by the judge. Donald J. Meyer is owner of the Pub Tavern at 253 Main Street, at which location, beer was made available to minors. I therefore recommend that the Class "B" Beer Permit No. 58 issued in the name of Donald J. Meyer be re- voked. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the matter of revocation of beer permit issued to Donald J. Meyer be set down for a public hearing to be held in the Council Chamber on September 5, 1961, at 7:30 P.M. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. RESOLUTION NO. 207 -61 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. John Beecher, 1691 Asbury Street C. P. Welu (My -Cap Vendors, Inc.), 20th & Jackson Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 21st day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. RESOLUTION NO. 208-61 WHEREAS, applications for beer permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT Riverside Bowl, 1860 Hawthorne Street Cyril N. Meitl, 1555 Central Ave- nue John L. Savary and Viola Savary, 827 Dodge Street CLASS "B" CLUB PERMIT Dubuque Moose Club No. 355, 651/2 West 4th Street CLASS "C" PERMIT Oeschger, Thomas, 815 West 5th Street Passed, adopted and approved this 21st day of August, 1961, JOHN P. SCHREIBER Mayor LEO N. SCHUELLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. RESOLUTION NO. 209 -61 WHEREAS, applications for beer permits were filed by the within named applicants and they have received the approval of this Coun- cil; 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 RE- SOLVED by the City Council of Special Session, August 21, 1961 313 the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants, a beer permit: CLASS "B" PERMIT Riverside Bowl, 1860 Hawthorne Street Cyril N. Meitl, 1555 Central Ave- nue John L. Savary and Viola Savory, 827 Dodge Street CLASS "B" CLUB PERMIT Dubuque Moose Club No. 355, 651/2 West 4th Street CLASS "C" PERMIT Oeschger, Thomas, 815 West 5th Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 21st day of August, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUEIJ.FR PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Councilmen Schueller moved that the Mayor send a letter to the Dubuque County Fair Board commending them on the excellent fair held this year. Seconded by Councilman Takos. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. There being no further business Councilman Schueller moved to ad- journ. Seconded by Mayor Schrei- ber. Carried by the following vote: Yeas —Mayor Schreiber, Council- men Schueller, Takos. Nays —None. Absent — Councilmen Kean, Schaller. Approved Adopted LEO F. FROMMELT City Clerk 1961 1961 Councilmen Attest: City Clerk