1961 September Council ProceedingsRegulaz Session, September 4, 1961 315
CITY COUNCIL
(OFFICIAL)
Regular Session, September 4,
1961, Labor Day. No Members of
- the City Council being present up-
r,~ on roll call the meeting was post-
~ ;... poned subject to call.
':"-'- LEO F. FROMMELT
;~,' City Clerk
Approved ..................................1961.
Adopted ....................................1961:
Councilmen { ...................................
Attest ....................................
City Clerk
318 Adjourned Regulaz Session, September 5, 1961
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Sep-
tember 5, 1961.
Council met at 7:30 P.M.
Present-Mayor Schreiber, Coun-
cilmen Kean, Schueller, Takos, City
Manager Gilbert D. Chavenelle.
Absent-Councilman Schaller.
Mayor Schreiber read the call
and stated that service thereof had
been duly made and that this
meeting is an adjourned meeting
of the regular meeting of Septem-
ber 4, 1961, for the purpose of act-
ing upon such business as may
properly come before a regular
meeting of the City Council.
August 30, 1961
To the Honorable Mayor
and Members of the City Council
Gentlemen:
You have referred to me a peti-
tion of twenty-three signers peti-
tioning for clean streets and clean
pure air in the downtown business
area of Dubuque. I am returning
this petition to you with the fol-
lowing report of action which has
been taken in behalf of the peti-
tioners.
Since it was believed that this
petition had largely to do with
dust and saw dust, attributed to
Farley &Loetscher Manufacturing
Company and Caradco, Incorpo-
rated, and since it was believed
that the petitioners desired imme-
diate action it was arranged that
the City Council- and City Manager
meet with representatives of both
organizations.
Such a meeting was held with
representatives of Farley & Loet-
scher Company on June 27th, and
with representatives of Caradco,
Incorporated on July 18th. At each
meeting the complaints were pre-
sented, a description of the dust
collection equipment was given,
and its adequacy discussed and a
program outlined to prevent fu-
ture malfunctioning of the equip-
ment.
As to the adequacy of the col-
lection equipment, discussions with
both companies presented infor-
mation that the "cyclones" used
for separating the dust from the
air streams are the accepted va-
riety and the method is the ac-
cepted method of handling wood-
working refuse throughout the
country. Further, alternate meth-
ods of air filtration such as cloth
filters, electronic precipitation,
and water washing aren't practical
in operations in which a large vol-
ume of air is handled.
The Farley &Loetscher Compa-
ny during its vacation week of
July 3rd to the 8th completely
overhauled their dust conveying
equipment so that the Probability
of breakdowns in the future would
be at a minimum.
Each company agreed to a sched-
ule of monthly inspections of their
conveyer system by the City Build-
ing Department.
Each company asked that they
be informed immediately by the
neighboring residents of any nui-
sance so that they could immedi-
ately correct any difficulties.
Also, each company pointed out
that their factories were located
entirely in an area which had been
zoned for industrial purposes, and
although all effort would be made
to minimize any nuisance there
would be some attendant incon-
veniences which could not be over-
come and which could be expected
in an industrial zone.
I believe that the action indicat-
ed above is alt that the City should
undertake at the moment and that
any ordinance controlling noise,
dust .and odor, should be thorough-
ly considered as to its practicabil-
ity both from the point of view of
enforcement and from the point
of view of an area which has been
zoned as an industrial area. Fur-
ther, such an ordinance can not be
considered for some time; at least
not until after the new building
code has been considered by the
Council.
I believe also, that the City
Council should express its position
in this matter so that some assur-
ance can be given in regard to
the expansion of heavy industry in
an area so established by the zon-
ing ordinance.
I am enclosing with this report
letters which I have received from
the Farley & Loetscher Manufac-
turing Company, Caradco Incor-
Adjourned Regulaz Session, September 5, 1961 317
~' porated, and the Day Sales Com-
pany.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager '~
Councilman Takos moved that ~'
the report be received and filed.
- Seconded by Councilman Kean.
Carried by the following vote:
- Yeas-Mayor Schreiber, Council-
- men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman 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 Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Mr. Eldon A. Pfohl addressed
the Council by thanking them for
the effort relative to the elimina-
tion of the sawdust and noise nui-
sance and admitted that there is
a marked improvement in the situ-
ation.
Councilman Schueller moved
that a copy of the Caradco letter
be sent to the petitioners. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Councilman Takos moved that a
letter be sent to Caradco indicating
the Council's position of maintain-
ing present action in relation to
the Zoning Ordinance. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
August 25, 1961
Honorable Mayor and City Council,
Dubuque, Iowa
Gentlemen:
You have referred to your staff
a petition dated July 31, 1961, for
street lights on Illinois Avenue at
the intersections of Alpha and
Ohio Streets.
We have investigated this loca-
tion and recommend that the fol-
lowing street lights be installed:
1. At the northeast corner of the
intersection of Illinois and Ohio.
2. At the northwest corner of the
intersection of Illinois and Al-
pha.
3. At the northwest corner of the
intersection of Illinois and Enid.
This will complete the lighting
in this area.
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 Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
September 5, 1961
Honorable Mayor
and City Councit
Gentlemen:
Your staff has received a request
for a street light at the intersec-
tion of Levi and English Lane.
It is recommended that this
light be installed.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
September 5, 1981
Honorable Mayor
and City Council
Gentlemen:
Your staff has received a re-
quest for street lights on Dunn
Court. The location has been in-
vestigated and it is recommended
that the following street lights be
installed:
1. On the utility easement back
of the turn-around.
2. At the junction of Dunn Court
and Riker Street.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that
the recommendation of the City
Manager be approved. Seconded by
318 Adjourned Regulaz Session, September 5, 1961
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Counci]
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
September 5, 198]
Honorable Mayor
and City Council
Gentlemen:
You have referred to me a pe
tition from Loras Butler request
ing the installation of street light:
in Scenic View Heights No. 3 Sub
division.
Your staff has investigated the
matter and recommends that the
following lights be installed:
1. At the intersection of Kauf-
mann and Maryville at the
northwest corner.
2. Between number 2485 and 2505
Maryville at the junction of
Maryville and Sarah.
3. On Sarah between 1780 and
1784.
4. On Sarah at 1731 Sarah.
5. At the southwest comer of the
junction of Sarah and Levi.
8. Between 1782 and 1788 Lori.
7. At Maryville and Lori between
numbers 2545 and 2555 Mary-
ville.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Kean moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
August 31, 1961
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap-
proved the following bond and
policy and desire to have your ap-
proval on same for filing, subject
to the approval of the City Solici-
tor:
SIDEWALK
George Frommelt, Western Surety
Company
HEATING CONTRACTORS
O'Neill Fuel & Heating Co., Ohio
Casualty Insurance Co.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that the
bond and policy be filed subject
to the approval of the City So-
licitor. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None,
Absent-Councilman Schaller.
September 5, 1961
Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
You have referred to your staff
a petition signed by Mr. W. D.
Getting requesting water for the
Lutheran Church to be constructed
in Westchester Subdivision.
Your staff has thoroughly stu-
died the situation and based on
these findings, I make the follow-
ing recommendations. It should
be noted, however, that the peti-
tion of the Lutheran Church also
involves the subdividers to West-
chester Subdivision and therefore,
the recommendation pertains to
both parties.
1. That the property holders will
petition the Council for annexation
by resolution of Block 3, Lots I,
2 and 3 of Block 4 and Block 5 of
Westchester Subdivision. Further,
that the annexation resolution will
stipulate that the City Council will
not accept the platted streets of
Keyway and Foothill Road between
Old Timers Road and Woodland
Drive until all improvements as
required by the Council have been
installed by the subdivider, and
that the subdivider shall install im-
provements at his own expense.
2. That water connections shall
ie made under the following stip-
rlations:
a. The City will furnish ap-
proximately sixteen hundred feet
of eight inch water main to be
installed by the Westchester Sub-
dividers in the easterly side of
Old Timers Road. The subdivid-
ers are to purchase and to install
pipe, hydrants, valves, and stubs
from the eight inch main to the
Adjourned Regulaz Session, September 5, 1961 319
westerly line of Old Timers Road
as shown on the drawings of the
City Water Department.
b. Title of said water mains
will be the property of and will
be controlled and operated as a
part of the City of Dubuque Dis-
tribution System. Any future
connection charges will be paid
to the City of Dubuque Water
Department.
c. No service from this system
shall be allowed to serve any
property that is not within the
corporate limits of the City of
Dubuque. The Westchester sub-
dividers will guarantee and post
the necessary performance and
maintenance bonds for their
construction cost, conditioned
~~~ upon completing the acceptance
~'~ of the work within forty-five
days.
d. The property stipulated in the
'. annexation resolution as blocks 3,
4 and 5 of Westchester Subdivision
will be subject to future improve-
ment as required by the policy es-
tablished by the City Council of
Dubuque.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Kean. Carried by the
fallowing vote:
Yeas-Mayor Schreiber, Councii-
'. men Kean, Schueller, Takos.
i Nays-None.
' Absent-Councilman Schaller.
August 31, 1981
Hon. Mayor and City Council
City Hall
Dubuque, Iowa
Gentlemen:
~' On August 12, 1980, Edward A.
Breson of 1258 Cleveland Avenue,
Dubuque, Iowa, filed a claim for
t injuries to his son James Breson,
;' age 7, as a result of striking an al-
~,
. leged defect in the street while
riding a bicycle on the 21st day of
July, 1960.
Said child suffered numeroue
cuts and bruises and fractured jaw
bone and pallet.
..',~ I have conferred with Mr. Don
old Breitbach, Attorney for th<
claimant, who has made an offer
of settlement in the amount o:
$350.00 and it is the recommenda
ion of the City Attorney that said
offer of settlement should be ac-
~epted.
It is the recommendation of the
:ity Attorney that the City Audi-
tor be directed to draw a warrant
payable to Edward A. Breson and
3loria M. Breson individually and
Edward A. Breson and Gloria M.
Breson, parents and natural guard-
ians of James Breson, a minor
:hild, and transmit the same to
the City Attorney for delivery up-
on receipt of duly executed re-
leases.
Original claim is attached here-
to.
Respectfully submitted,
R. N. RUSSO
City Attorney
Mayor Schreiber moved that the
recommendation of the City At-
torney be approved and the Audi-
tor instructed to issue a warrant
in the amount of $350 payable to
Edward A. Breson & Gloria M.
Breson individually and Edwazd A.
Breson and Gloria M. Breson, par-
ents and natural guardians of
James Breson, a minor and deliver
same to the County Attorney. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Communication of the Interna-
tional City Manager's Association,
extending an invitation to the City,
to be represented by the City Man-
ager at the 47th Annual Confer-
ence to be held in Miami Beach,
Fla. November 26 to 30, presented
and read.
Councilman Schueller moved
that the City Manager be author-
ized to attend. Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Communication of Iowa State
Highway Commission submitting a
contract for the extension of the
median strip 140 feet long and 4
feet wide of the Julien Dubuque
Bridge on Dodge street westerly
at an agreed price of $800 with the
Tri-State Paving Co., presented
and read. Councilman Schueller
320 Adjourned Regular Session, September 5, 1981
moved that the Mayor and City
Clerk be authorized to sign the
contract. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
CONTRACT
August 29, 1981
This agreement made and en-
tered into by and between the
Iowa State Highway Commission,
consisting of the following mem-
bers: Jo S. Stang, William H. Nich-
olas, Robert Keir, Howard Helscher
and Everett Shockey, Party of the
First Part, and the City of Du-
buque, consisting of Mayor John
P. Schreiber and the following
Council Members:
James J. Kean, Louis Schaller,
Leo N. Schueller, Peter J. Takos,
Party of the Second Part.
WHEREAS, it is deemed nec-
essary to extend the present med-
ian at the west end of the Julian
Dubuque Bridge on Dodge Street
westerly approximately 140 L.F.
to the intersection of Locust Street
to increase the safety features and
traffic carrying capacity of the
west approach to this bridge.
NOW, THEREFORE, be it
agreed by and between the par-
ties hereto:
1. The proposed median extension
is to be constructed and dow-
elled to the existing pavement
according to plans prepared by
the Iowa Highway Commission
and on file at the Dubuque City
Engineer's Office.
2. The City of Dubuque will nego-
tiate a contract with Tri-State
Paving Co. of Dubuque, Iowa,
for the construction of this me-
dian extension at their submit-
ted low bid of $800.00 under
date of July 31, 1981.
3. The City of Dubuque will su-
pervise construction according
to the plans and specifications
and accept the completed work.
4. The City of Dubuque will fi-
nance the work 100 percent and
the Iowa State Highway Com-
mission will reimburse the City
upon completion and accept-
ance by the City Engineer.
IN WITNESS THEREOF, the par-
ties hereto have set their hands
for the purpose herein expressed
to this and three other instru-
ments of like tenor.
Iowa State Highway Commission
First Party
Robert Keir
Chairman
City of Dubuque
Second Party
John J. Schreiber
Mayor
Date, September 5, 1961
I, Leo F. Frommelt, Clerk of the
City of Dubuque, Iowa, hereby
certify that the above resolution
was duly passed and adopted by
the City of Dubuque, Iowa, on
this 5th day of September, 1961,
by the following call of yeas and
nays recorded herein:
Yeas-James J. Kean, John P.
Schreiber, Leo N. Schueller, Peter
J. Takos.
Nays-None.
Absent-Louis Schaller.
Members of the City Council
LEO F. FROMMELT
City Clerk of Dubuque, Iowa
August 31, 1961
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Planning & Zoning Commis-
sion has examined the request
of Leytem Trucking Co. to pur-
chase Lot 27 Dubuquu Harbor
Impr. Co. Addition. Said lot ad-
joins property presently owned by
the petitioner.
The Commission has no objec-
tion to the sale of this lot.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Schueller moved
that the communication be re-
ferred to the City Solicitor to have
proper proceedings prepared and
that sealed bids be requested. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Adjourned Regular Session, September 5, 1961 321
August 31, 1961
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The planning and zoning com-
mission has examined the petition
of Wilson Conlon, 245 Dillon Street
requesting opening a platted alley
between Alta Place and North Al-
gona Street from Delaware Street
north.
We are returning this petition
and feel we have no jurisdiction
in the request.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Schueller moved
that the Council view the grounds.
Seconded by Mayor Schreiber. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller,
Auguut 30, 1961
To the Honorable Mayor
and City Council
Gentlemen:
You have referred to me a peti-
tion signed by A. L. Mutschler and
others dated February 8, 1961, in
regard to utility rates.
I am returning the petition to
you and report that on or about
October 24, 1980, your city ad-
ailnistration started the investi-
gation of utility rates.
This investigation has continued
up to the present. The rate ordi-
nance, submitted at your meeting
of August 21st is a result of this
investigation.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takos moved that
the communication be received
and filed. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Communication of J. I. Case,
public utility consultant of Wash-
ington D.C. commenting on the gas
rate structure of the City, present-
ed and read. Mayor Schreiber
moved that the communication be
received and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Coun-
cilmen Kean, Schueller, Takos.
Nays-None.
Absent--Councilman Schaller.
ORDINANCE NO. 51.61
An Ordinance fixing and estab-
lishing rates to be charged for the
furnishing of natural gas to con-
sumers within the City of Dubuque,
Iowa; fixing and regulating the
method of service thereof and re-
pealing Ordinance No. 50-57 and
all ordinances and resolutions in
conflict herewith, presented for
final adoption. Mayor Schreiber
moved that the Ordinance be re-
ferred to the Council. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent.-Councilman Schaller.
ORDINANCE NO. 52fi7
An Ordinance to establish an
Electrical examining Board, to
provide for the examination and
licensing of Electrical Contractors,
Service Electricians, Journeyman
Electricians, and Maintenance Elec-
tricians, and the collection of fees
and to provide penalties for vio-
lations hereof, presented for Final
Adoption.
Petition of Eldon A. Pfohl et al
objecting to the section of the pro-
posed electrical Ordinance which
would prohibit a property owner to
do his own work, presented and
read. Councilman Takos moved
that the objection be referred to
the ordinance at a time when same
is further considered. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Attorney F. H. Becker addressed
the Council as a representative of
electrical contractors, both union
and non-union groups who origi-
nally petitioned for a licensing
'~ law. He objected to the unrestrict-
ed right of larger companies to in-
stall electrical equipment and fur-
ther stated that service electricians
should be restricted. He pointed
322 Adjourned Regulaz Session, September 5, 1961
out that electrical contractors
could very well pay an annual fee
of say $100. Mr. Becker further
stated that there are features of
the proposed ordinance that are
unwise and contains mistakes and
that it should be amended before
it is passed. His group did not pro-
pose the ordinance as t s presently
written. However his clients feel
that the code is better than none
at all.
Attorney Marshall Thomas ad-
dressed the Council in behalf of
the Dubuque industry groups
which would be vitally affected rel-
ative to service licenses. He was
of the opinion that the electrical
examining board should be in-
creased from five to seven mem-
bers in fairness to all classes. It '
looks as though service men and
maintenance men have no repre-
sentation on the board. It would be
to the added benefit for Boazd
members to have all classifications
to keep them constantly advised.
Mr. Eldon A. Pfohl of 2591 Cen-
tral Avenue expresed himself by
stating that there is no necessity
for this regimentation and it is
an invasion of basic rights. Mr.
Dick Henschel stated that he be-
lieves in the Electrical Code, es-
pecially in new construction. He
also favored the idea that the ten-
ant should have the same rights
as the property owner. Due to the
additional fees and extra costs
imposed on property owners it has
a tendency to discourage rental
housing and has a further tenden-
cy of raising the rent indirectly of
each tenant in the City. Mr. R. F.
Sefzik, a refrigeration service man,
asked what classification he would
be in under the new electrical
cede. He was informed that his
present status as a service man
would not be affected.
Mayor Schreiber moved that the
Ordinance be referred to the City
Manager, City Solicitor and the
various committees for further in-
vestigation. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Council recessed at 9:40 P.M.
Council reconvened at 9:50 P.M.
ORDINANCE NO. 53.61
An Ordinance vacating the alley
lying between Lot 28 in Stewart
Subdivision and Lot 1 of 2 and
Lot 2 of 2 of the Sub. of Lots
19, 20 and 21 in Stewart Subdivi-
sion, presented and read.
Councilman Schueller moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Kean. Carried by the follow-
ing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Councilman Schueller moved
that the rules be suspended re-
quiring an Ordinance to be read
on three separate days. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Yor -[he vacs-
ng between Lot
liviaion and Lot
2 of Lot2of
~ote 19, 20 and
division (n the
>wa, which al-
westerly [ram
ninating at the
ICY Parallel to
randview Ave-
>ubuque, Iowa;
Planning and
of the City of
recommended
d; and
dley serves no
ft would serve
t cne cur of
of said real
E BE IT OR-
'TY COUNCIL
' DUBUQUE,
he a]]eY IYing
tewart's Sub-
o[ Lot 2 and
Subdivision of
in 3tewart's
Y of Dubuque,
rtenda south-
Street and
with an alley
st of Souih
be and t h e
dch chat] Oehere [terallbe
.nd designated as follows,
28"A" in Stewart Sub-
t, being the alley adja-
and southeasterly of
Adjourned Reglllar Session, September 5, 1961 323
be
that the date of seta a~epoaat of
interest in real estate be and the
same is hereby fixed for the 2nd
day oY October, 1981, at 7:30 o clock
P. M. at the City Counci] Cham-
ber, in the Clty Hall in the City
of Dubuque, Iowa.
Section 4. This Ordinance shall
be in full force and eftecC from
and after its final passe.°e, adop-
tion and publication as by law pro-
vtded.
Introduced the 5th day of Sep-
tember, 1961.
Rule requiring reading on three
separate days suspended by unanl-
moua vote the 5th day of Septem-
ber, 1981.
Passed by rewrded roll call
vote, adopted and approved this
6th da JOHN eP a SCHREIBER
MaYnr
LEO N. SCHUELLER
SAME9 J. KEAN
PETER J. TAKOS
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph-Herald Newspaper thin 11th
day of September, 1961.
Leo F. Frommelt
City Clerk
1 t. 9/11
Councilman Schueller moved the
2doption of the Ordinance. Second-
ed by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
ORDINANCE NO. 5461
An Ordinance Establishing the
Voting Precinct for Certain An-
nexed Territory to the City of
Dubuque, Iowa, 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 Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Councilman Schueller moved
that the rules be suspended re
quiring an Ordinance to be rear
on three separate days. Seconder
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schueller, Takos.
Nays-None.
Absent--Councilman Schaller.
ORDINANCE NO. 54-8[
AN ORDINANCE ESTABLISH-
ING TIIE VOTING PRECINCT
FOR CERTAIN ANNEXED TER-
RITORY TO THE CITY OF DU-
BUQUE, IOWA;
~V HERF.AS, the City Council
annexed certain territory to [he
City of Dubuque, Iowa; and
WHEREAS, a Voting Precinct
should be provided for certain an-
nexed territory.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUN-
CIL ON THE CITY OF DU-
BITQUE, IOWA:
Section 1. That certain annexetl
territory be and the same is here-
by established as part of the 11th
Cctlng PreClnet of the City o[
llubuque and said territory is de-
scribed as follows, to-wit:
Lot 1 of Lot 1 of Lot 1 0[
Lot 1 of Lot I of Lot 1 of
Clarence Arlen Place
Lot 2 oY Lot 1 oY Lot 1 of
Lot 1 of Lot 1 of Lot 1 of
Clarence Arlen Place, each in
Section lb, Township 89 North,
i:ange 2 East of [he Principal
-leridian, in Dubuque County,
Iowa, according to the record-
ed plate thereof.
Passed, adopted and approved
this 5th day of September, 1961.
John P. Schreiber
M8YOC
Leo N. Schueller
James 7. Kean
Peter J. Takos
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph Herald Newspaper this 11th
nay of September 1961.
Leo F. Frommelt
City Clerk
1 t. s/H
Councilman Schueller moved the
adoption of the Ordinance. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absentr-Councilman Schaller.
Petition of Peoples Natural Gas
requesting permission to excavate
at 3030 Kaufmann Avenue, present-
ed and read. Councilman Schuel-
ler moved that the petition be
granted. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Louis Buechel re-
questing permission to excavate in
the streets and alleys of the City,
presented and read. Councilman
Takos moved that the petition be
granted. Seconded by Councilman
324 Adjourned Regulaz Session, September 5, 1961
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Ruth F. Miller re-
questing rezoning of the southerly
twelve feet of Lot 14 Dreibilbies
Addn. (808 Rhomberg Ave.) from
Local Business to Residential clas-
sification, presented and read.
Councilman Schueller moved that
the petition be referred to the
Planning & Zoning Commission.
Seconded by Mayor Schreiber. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Al. G. Schmitz et al
requesting rezoning from Local
Business District "B" classification
to Business District "A" classifica-
tion from the present Wereco ser-
vice station at 700 Rhomberg Ave.
north to Stafford and on the west
side of Rhomberg between Wind-
sor Avenue and Stafford Avenue,
presented and read. Councilman
Schueller moved that the petition
be referred to the Planning &
Zoning Commission. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of George Meyerdierks
et al requesting an extension of
time to construct sidewalks on Car-
ter, Jeffrey & Deborah streets, pre-
sented and read. Mr. L. G. Schaf-
fert 2100 Deborah, George Meyer-
dierks 2160 Carter Road, Donald
Heeron 2125 Morningview Road,
Al C. Newburgh 2170 Deborah
Drive, Robert Ogaard 2460 Hill-
crest, all from the Hillcrest area
addressed the Council in support
of the petition and offered various
forms of remedy along with their
objections. Mr. Schaffert seemed '
to be the main spokesman for the
Hillcrest area group and chal-
lenged the Council to start down-
town in enforcing the construction
of sidewalks, where they are need-
ed, rather than in an area like
Hillcrest that has very little pe-
destrian traffic. To him it did not
make sense to make people put in
sidewalks where the pedestrian
traffic does not warrant it. He
further stated that when they built
in the Hillcrest area they were
told that it was not necessary to
put in sidewalks and graded their
properties accordingly. The result
of a pedestrian survey made by
Mr. Schaffert showed that the pe-
destrian traffic is mostly confined
to Hillcrest Road and Asbury
street. The cost of putting in a
sidewalk is not too much but the
cost is greatly increased when you
consider the loss of tress, shub-
bery, landscaping, bushes etc. As
to the argument of protection for
the children he stated that by con-
structing asidewalk it would not
keep the children on it.
Councilman Takos proposed
that the City adopt a broad pro-
gram relative to enforcing the
sidewalk ordinance and proposed
further that special attention
should be given to areas around
schools, churches, public buildings
etc. and then move to secondary
areas.
After much discussion Council-
man Kean moved that the petition
be referred to the Council for
further consideration. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Richard Fuerst re-
questing consideration in placing
the issue of Daylight Saving Time
before the people at the Novem-
ber election, presented and read.
Councilman Schueller moved
that the petition be referred to
the City Council and City Solicitor
for consideration. Seconded by
Councilman Kean, Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Eldon A. Pfohl et al
requesting that the issue of Day-
light Saving Time be placed on the
ballot at the coming November
alection, presented and read. Coun-
:ilman Schueller moved that the
?etition be referred to the City
Adjourned Regular Session, September 5, 1961 325
Council and City Solicitor for con-
sideration. Seconded by Council-
man Kean. Carried by the follow-
ing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Mrs. Robert J. Mc-
Cabe requesting that the issue of
Daylight Saving Time be placed
on the ballot at the coming No-
vember election, presented and
read. Councilman Schueller moved
that the petition be referred to
the City Council and City Solicitor
for consideration. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Edna Meyer et al
requesting that the issue of Day-
light Saving Time be placed on
the ballot at the coming Novem-
ber election, presented and read.
Councilman Schueller moved that
the petition be referred to the
City Council and City Solicitor for
consideration. Seconded by Coun-
cilman Kean. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Rose A. Nebel re-
questing arefund of $75 on the
unexpired portion of cigarette li-
cense No. 256, as she has discon-
tinued business on August 31, 1961,
presented and read. Mayor Schrei-
ber moved that the refund be
granted and the Auditor instructed
to issue a warrant payable to Rose
A. Nebel, in the amount of $75, to
cover the amount due on the un-
expired portion of cigarette license
No. 256. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Frank A. Fluckiger
et al requesting vacation of an al-
ley lying southerly of Railroad
Avenue in a block bounded on
the west by Huff Street and on
the east by Salina Street except
the northerly 210 feet thereof,
presented and read. Mayor Schrei-
ber moved that the petition be
referred to the Planning & Zoning
Commission. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Petition of Ray Schneider et al
requesting rezoning of the west
side of Bryant Street from Dodge
to Curtis Street from Family clas-
sification to Local Business Dis-
trict "A" classification, presented
and read, Mayor Schreiber moved
that the petition be referred to
the Planning & Zoning Commis-
sion. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
August 31, 1961
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Planning & Zoning Commis-
sion has examined the area pro-
posed to be annexed owned by
Merlin Stelzmiller et al.
This area is located at the end
of Shiras Ave. at the present City
Limits.
The Commission recommends
annexation of this area.
Yours very truly,
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
RESOLUTION EXTENDING
CITY LIMITS
NO. 210-67
WHEREAS, the owners of an
area aproximately 20 acres in size
immediately adjoining the norther-
ly city limits of the City of Du-
326 Adjourned Regular Session, September 5, 1961
buque, Iowa, in the vicinity of
Shiras Street, have made applica-
tion for annexation of said terri-
tory to the City of Dubuque, Iowa,
and
WHEREAS, said territory is be-
ing substantially built up; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of city govern-
ment in the way of police and fire
protection if said territory is in-
corporated within the city limits
of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said teritory will be enabled to se-
cure water, sewer, and other mu-
nicipal services if said territory is
incorporated within the city lim-
its of the City of Dubuque, Iowa;
and
WHEREAS, Section 362.30, Code
of Iowa, 1958, authorizes the exten-
sion of city limits in situations of
this character by the adoption of a
resolution therefor; and
WHEREAS, the future growth,
development, and preservation of
the public health of the City of
Dubuque, Iowa, makes it impera-
tive that said territory be made a
part of the City of Dubuque, Iowa;
and
WHEREAS, it is necessary to
provide for the orderly and syste-
matic growth and development of
the territory adjoining the City
of Dubuque, Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the territorial limits of the City
of Dubuque, Iowa, be and they are
hereby extended northerly in the
vicinity of Shiras Street by annex-
ing to the City of Dubuque, Iowa,
the territory embraced within the
following described boundaries, to-
wit:
Beginning at the southwest cor-
ner of Section 6 of Township 89
North, Range 3 East of the 5th
Principal Meridian; thence East
-832.4 feet along the present
north corporation line of the
City of Dubuque, Iowa; thence '~
North-135 feet; thence East-
200 feet; thence South-75 feet;
thence East-123.5 feet to the
westerly line of Shiras Street;
thence North 17 degrees 25 min-
utes West-130.5 feet; thence
North 24 degrees West-407.4
feet; thence North 38 degrees
15 minutes West-219.9 feet;
thence North 59 degrees 40 min-
utes West-538.2 feet; thence
West-338.4 feet; thence South-
1000.0 feet to the point of begin-
ning; containing 19.728 acres
and comprising the following de-
scribed real estate:
Lot 3 of Lot 1 of Lot 2 of Lot 3
of Mineral Lot 312
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 4 of Mineral Lot 312
Lot 5 of Mineral Lot 312
Lot 1 of Lot 6 of Mineral Lot 312
Lot 2 of Lot 1 of Lot 1 of Lot 4
of Mineral Lot 312;
as shown on the plat attached here-
to and by this reference made a
part hereof.
PASSED, ADOPTED, AND AP-
PROVED the 5th day of September,
1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
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, Coun-
cilmen Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Proof of Publication, certified to
by the Publisher, of Notice of time
and place of Hearing on proposal
to dispose of any interest the City
may have in an 8' wide public
utility easement running between
Lot 2 of the Subdivision of Lat 21,
Block 15 and Lot 2 of the Suhdi-
vision of Lot 20, Block 15 in Green
Acres Subdiviiion, 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 Schueller moved
that the proof of publication be
received and filed. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Regular Session, September 5, 1961 327
RESOLUTION NO. 211b1
WHEREAS, pursuant to Resolu-
tion and Notice, City Council, Du-
buque, Iowa, met on the 5th day
of September 1901, at 7:30 o'clock ~~,
P.M. in the City Council Chamber
in the City Hall, Dubuque, Iowa, to
consider the proposal to dispose of
the interest of the City of Dubuque
in a certain public utility easement
at which hearing all interested
parties were afforded an opportun-
ity to be heard for or against such
proposal; and
WHEREAS, there being no writ-
ten or oral objections to the pro-
posal to dispose of interest in real
estate hereinafter described.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCII.
OF TIIE CTTY OF DUBUQUE,
IOWA:
Section 1. That the disposal of
the interest of the City of Dubuque,
Iowa, in and to one certain 8-foot
wide public utility easement run-
ning between Lot 2 of the Subdi-
vision of Lot 21, Block 15 and Lot
2 of the Subdivision of Lot 20,
Block 15, all in "Green Acres Sub-
division" in the City of Dubuque,
Iowa, to Reilly Realty, Inc. be and
the same is hereby approved, sub-
ject to and on condition, however,
that Reilly Realty, Inc. grant a
new re-located public utility ease-
ment as shown on the attached
plat, which re-location of ease-
ment is the agreed consideration
for the release of City of Dubuque
of its interest in the easement here-
inabove specified.
Section 2. That the Mayor and
City Clerk are hereby authorized
and empowered to execute Quit
Claim Deed of the City of Dubuque
releasing cad conveying to Reilly
Realty, Inc. all of its right, title
and interest in and to the 8-foot
wide public utility easement run-
ning between Lot 2 of the Subdi-
vision of Lot 21, Block 15, and Lot
2 of the Subdivision of Lot 20,
Block 15, all in "Green Acre=.
Subdivision" in the City of Du~
buque, Iowa, and to deliver the
same to Reilly Realty, Inc. upon
receipt of costs of publication ans
upon filing of plat by Reilly
Realty, Inc. therein granting
new re-located public utility ease
ment to the City of Dubuque, Iowa
Passed, adopted and approved
:his 5th day of September A.D.
L961, by unanimous roll call vote.
JOHN P. SCHREHiER
Mayor
LEO N. SCHUELLER
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, Schueller, Takos.
Nays-None.
Absent---Councilman Schaller.
A formal hearing was held in
the case of Donald J. Meyer owner
of the Pub Tavern relative to sell-
ing beer to a minor. Captain Byrne
O'Brien, Officer John Linden, and
Vincent Schwartz, clerk of police
court records testified. Mr. Don-
ald J. Meyer was charged with s=11-
ing beer to Roger Chevar, a minor,
on August 11, 1961. The beer was
sold to Chevar by Robert P. Mc
Fadden, a bartender in the Pub
tavern. After the testimony •.vas
given by the officers Mr. Donald
J. Meyer stated that the bait°nders
in his place of business were in-
structed not to sell to minors, how-
ever Robert P. McFadden did tell
Meyer that he believed Chevar to
be approximately 25 years of age.
RESOLUTION NO. 21241
WHEREAS on August 11, 1901
Robert P. McFadden employed at
Pub Tavern, 253 Main Street, Du-
buque, Iowa, was charged with
making beer available to minors in
violation of Section 19 of Ordinance
No. 9-35 by information filed in
the Court of Alfred E. Hughes,
Police Judge, City of Dubuque,
Iowa; and that on August 12, 1961
said Robert P. McFadden entered
a plea of guilty to the said charge
and a fine of $50.00 was imposed
by the Court; and
WHEREAS Donald J. Meyer, was
the holder of a Class B Permit
No. 58 and operating the Pub
Tavern at 253 Main Street, Du-
buque, Iowa, by virtue rrf said beer
permit at time of said violation;
and
WHEREAS the City Council of
Dubuque, Iowa, has fixed a hear-
328 Adjourned Regular Session, September 5, 1961
ing on the revocation of the Class B
Permit No. 58 held by Donald J.
Meyer for 7:30 o'clock P.M., Cen-
tral Standard Time, September 5,
1961 in the City Council Chambeq
in the City Hall, in the City of
Dubuque, Dubuque, County, Iowa;
and
WHEREAS City Council of Du-
buque, Iowa, has examined the
affidavit of service of notice of
time and place of hearing on the
revocation of the Class B Permit
No. 56 issued to Donald J. Meyer
showing that said notice of time
and place of hearing was served on
the said Donald J. Meyer by cer-
tified United States mail on the
22nd day of August 1961; and
WHEREAS the said Donald J.
Meyer appearing before the Coun-
cil at time of hearing; and
WHEREAS this matter proceed-
ing to hearing and the Council
having heard the testimony of the
witnesses and being fully advised
in the premises finds that the Class
B Permit No. 58 held by Donald J.
Meyer, operator of the Pub Tavern
at 253 Main Street, Dubuque, Iowa,
should be revoked for the reason
that the said Donald J. Meyer per-
mitted his place of business to be
conducted in a disorderly manner
as defined under Ordinance No.
9-35 of the City of Dubuque.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Class B Per-
mit No, 58 issued to Donald J.
Meyer be and the same is hereby
revoked.
Section 2. That the Chief of Po-
lice of the City of Dubuque is or-
dered to pick up Class 'B" Per-
mit No. 58 issued to Donald J.
Meyer forthwith and return same
to the City Maanger's Office.
Passed, adopted and approved
this 5th day of September, 1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
August 31, 1961
Honorable Mayor
and City Council
Gentlemen:
I recommend that the following
described real estate be annexed
to the City of Dubuque:
Lot 2 of Subdivision of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 2 of Lot 3 of Lot
1 in Highland Farm in Dubuque
County, Iowa.
The above described lot is con-
tiguous and adjoins the City of Du-
buque and should be annexed to
the City of Dubuque as it would
serve the best public interest.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
RESOLUTION NO. 213.61
Resolution annexing certain lot
located in Highland Farm in Du-
buque County, Iowa, to the City
of Dubuque.
WHEREAS, the City of Dubuque
is the owner of the following de-
scribed real estate, to-wit:
Lot 2 of the Subdivision of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 2 of Lot 3 of
Lot 1 in Highland Farm in Du-
buque County, Iowa; and
WHEREAS, the City Manager
has recommended that said lot be
annexed to the City of Dubuque;
and
WHEREAS, the City Council
having examined the Plat of said
lot finds that the same is contigu-
ous to and adjoins the City limits
and that it is in the public interest
that said lot be annexed to the
City of Dubuque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That Lot 2 of the Sub-
division of Lot 1 of Lot 1 of Lot 1
Adjourned Regulaz Session, September 5, 1961 329
~~ of Lot 1 of Lot 1 of Lot 1 of Lot 2
` of Lot 3 of Lot 1 in Highland Farm
"g? in Dubuque County, Iowa, be and
;' the same is hereby annexed to the I
': City of Dubuque.
Section 2. That the City Clerk
; be and he is hereby authorized
; and directed to record a certified
copy of this Resolution in the of-
fice of the County Recorder of
Dubuque County, Iowa.
Passed and adopted by recorded
roll call vote this 5th day of Sep-
tember, 1961.
JOHN P. SCHREIBER
Mayor
- LEO N. SCHUELLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Proof of Publication, certified to
by the Publisher, of Notice of
proposal to dispose of Lot 7A and
SA in O'Neill's Sub. No. 3 and re-
ceipt of sealed bids, presented and
read.
Councilman Schueller moved
that the proof of publication be
received and filed. Seconded by
Mayor Schreiber. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
The following sealed bids were
opened and read; Mr. Francis J.
Apel of 61 S. Algona Street bid
$15.00 on Lot 8A, with a certified
check enclosed in the amount of
- $1.50; Mr. Wayne E. Reicher of
65 S. Algona Street bid $15.00 on
Lot 7A, with a certified check en-
closed in the amount of $1.50; Mr.
James L. Kritz of 64 GandoHa
Street bid $102.50 on Lots 7A and
SA in O'Neill's Sub. No. 3, with a
certified check enclosed in the
amount of $10.25.
After considerable discussion as
to the sale of the lots Mayor
Schreiber moved that all bids on
Lots 7A and 8A O'Neill's Sub. No.
3 be rejected and the certified
:becks be returned to the bidders.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Councilman Schueller moved
that the alley abutting Lots 7 and
8 in O'Neill's Sub. No. 3 be
closed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Councilmen Kean, Schuel-
ler, Takos.
Nays-Mayor Schreiber.
Absent-Councilman Schaller.
August 24, 1961
The Honorable Mayor
and City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
This is to advise you that the
City of Dubuque 1961 Maintenance
Resurfacing Project No. 1 has
been completed in accordance with
the City of Dubuque plans and
specifications.
I, therefore, recommend the ac-
ceptance of the above named proj-
ect.
Very truly yours,
Gilbert D. Chavenelle
City Manager
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION NO. 27461
WHEREAS, the contract for the
City of Dubuque 1961 Maintenance
Resurfacing Project No. 1.
1. Jackson Street from 12th Street
to 32nd Street.
2. Loral Boulevard from Walnut
Street to Booth Street.
3. 8th Street from Central Avenue
o University Avenue.
Has been completed and the City
Engineer has submitted his finat
estimate showing the cost thereof
including the cost of estimates, no-
tices, inspection, and plat, now
therefore,
330 Adjourned Regulaz Session, September 5, 1961
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$29,161.31.
That none of the cost thereof
shall be assessable upon private
property and $29,161.31 shall be
paid from the 135-J Road Use Tax
Fund of the City of Dubuque.
Passed, adopted and approved
this 5th day of September, 1961.
JOHN P. SCHREIBER
Mayor
LEO N.SCHUELLER
JAMES J. KERN
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
(A Resolution Accepting
Improvement.)
CITY OF DUBUQUE, IOWA
RESOLUTION NO. 215fi1
WHEREAS, the contract for the
City of Dubuque 1961 Maintenance
Resurfacing Project No. 1:
1. Jackson Street from 12th
Street to 32nd Street
2. Loras Boulevard from Walnut
Street to Booth Street
3. 8th Street from Central Ave-
nue to University Avenue
has been completed and the City
Manager has examined the work
and filed his certificate stating that
the same has been completed ac-
cording to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the 135-J Road Use
Tax Fund in amount equal to the
amount of his contract, less any re-
tained percentage provided for
therein.
Passed, adopted and approved
this 5th day of September, 1961.
JOHN P. SCHREIBER,
Mayor
LEO N. SCHUELLER
JAMES J. KERN
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
August 31, 1961
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
Herewith submitted for your con-
sideration is subdivision plat of
Edna Ferris Sub.
This subdivision is composed of
four lots located at Grandview Ave-
nue and Algona Streets, formerly
O'Hea Sub. owned by Herbert
Dilworth.
This plat has been approved by
the Planning and Zoning Commis-
sion.
Respectfully submitted,
DUBUQUE PLANNING AND
ZONING COMMISSION
By Owen Riley,
Secretary
Councilman Takos moved that
the communication be received and
filed. Seconded by Mayor Schrei-
ber. Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
RESOLUTION NO. 21661
RESOLUTION Approving Plat of
Edna Ferris Subdivision in the
City of Dubuque, Iowa.
WHEREAS there has been filed
with the City Clerk a plat in which
Lot 1 of OHea Subdivision in the
City of Dubuque, Iowa, is platted
as Lots 1, 2, 3 and 4, Edna Ferris
Subdivision in the City of Du-
buque, Iowa, and,
WHEREAS said plat has been
examined by the City Plan Commis-
sion and had its approval endorsed
thereon; and,
WHEREAS said plat has been ex-
amined by the City Council aad
Adjourned Regular Session, September 5, 1961 331
they find the same conforms to
the Statutes and Ordinances relat-
ing thereto;
NOW THEREFORE BE TT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the above des-
cribed plat be and the same is here-
by approved and the Mayor and
Clerk be and they are hereby auth-
orized and directed to endorse the
approval of the City upon said ~,
plat.
Passed, adopted and approved ~~
this 5th day of September, A.D.
1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Mayor Schreiber moved the ad-
option of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
August 31, 1961
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
Herewith submitted for your con-
sideration is subdivision plat of
Coto Sub .located in the 3000 Block
of Shiras Ave. This plat is com-
posed of eleven lots and is owned
by Geo. Coto.
This plat has been approved by
the Planning and Zoning Commis-
sion.
Respectfully submitted,
DUBUQUE PLANNING AND
ZONING COMMISSION
By Owen Riley„ Secretary.
Councilman Takos moved that
the communication be received and
filed. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
RESOLUTION NO. 217.61
RESOLUTION Approving Plat of
Coto Subdivision in the City of
Dubuque, Iowa.
WHEREAS there has been filed
with the City Clerk a plat in which
Lot 1 of Lot 3 and Lot 1 of Lot 3A
of Mineral Lot 310; and Lot 2 of
Lot 2 of Lot 2 of Lot 2A of Min-
eral Lot 310 in the City of Du-
buque, Iowa, is platted as Lots 2,
3, 4, 5, 6, 7, 8, 9, 10, 11 and 12,
Coto Subdivision in the City of Da
buque, Iowa, and,
WHEREAS said plat has been
examined by the City Plan Com-
mission and had its approval en-
dorsed thereon; and,
WHEREAS said plat has been ex-
amined by the City Council and
they find the same conforms to the
Statutes and Ordinances relating
thereto;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the above des-
cribed plat be and the same is here-
by approved and the Mayor and
Clerk be and they are hereby auth-
orized and directed to endorse the
approval of the City upon said
plat.
Passed, adopted and approved
this 5th day of September, A.D.,
1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
RESOLUTION NO. 218-61
Preliminary estimate and pro-
posed plans, specifications, form of
contract and all other documents
for the proporsed construction of
the Central Avenue PIaza City Hall,
13th and Central Avenue, Dubuque,
Iowa, in an estimated amount of
$13,565.00 inclusive of alternate,
presented and read.
Mayor Schreiber moved that the
resolution be adopted. Seconded by
332 Adjourned Regulaz Session, September 5, 1961
Councilman Kean. Carried by th
following vote:
Yeas-Mayor Schreiber, Council
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
(Necessity for Improvement)
RESOLUTION NO. 219.61
Whereas, proposed plans, specifi
cations, form of contract have bee
duly prepared and approved by the
City Council of the City of Du-
buque and are now on file in the
office of the City Clerk showing
among other things the following:
1. The plan of such improve-
ment
2. An estimate of the cost of the
proposed improvement
for the Central Avenue Plaza, City
Hall, 13th and Central Avenue,
Dubuque, Iowa.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City
Clerk objections to the amount of
the cost of improvement, they shall
be deemed to have waived all ob-
jections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
paid from the City Building Fund.
The above resolution was intro-
duced, approved and o r d e r e d
placed on file with the City Clerk
this 5th day of September, 1961.
Approved and placed on file for
final action.
Approved:
JOHN P. SCHREH3ER
Mayor
LEO N. SCHUELLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Kean moved appro-
val of the resolution. Seconded by
e Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
(Fixing Dafe of Hearing)
RESOLUTION NO. 220.61
- WHEREAS, the City Council of
n the City of Dubuque, Iowa, has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection for
the Central Avenue Plaza, City
Hall, 13th and Central Avenue, Du-
buque, Iowa.
BE IT THEREFORE RESOLVED
that on the 25th day of September,
1961, a public hearing will be held
at 7:30 p.m. in the Council Cham-
ber of the City of Dubuque at
which time the objectors for the
improvement may appear and make
objections to the proposed plans
and specifications and proposed
form of contract, to the cost of the
improvement and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper published in the
City of Dubuque which shall be not
less than ten (10) days prior to the
day fixed for its consideration, and
the City Clerk be and he is hereby
directed to have published the No-
tice of Pendency for said improve-
ment.
BE IT FURTHER RESOLVED
that the City Clerk is hereby also
directed to publish notice to bid-
ders said bids to be received by
10:00 a.m. on September 25, 1961.
Passed, adopted and approved
this 5th day of September, 1961.
JOHN P. SCHREIItER
Mayor
LEO N. SCHUELLER
JAMES J. KEAN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the ad-
option of the resolution. Seconded
by Councilman Kean. Carried by
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
Adjourned Regulaz Session, September 5, 1961 333
RESOLUTION NO. 221-61
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" BEER PERMIT
Mrs. Jean Anfinson, 120 South-
ern Avenue.
Theodore J. Ferring, 385 East
13th Street.
Mrs. Emma Scherec, 1187 Iowa
Street.
Michael F. Pusateri, 1292 Main
Street.
Leroy G. Richman, 2319 Prince
Street.
CLASS °C" BEER PERMIT
Walter W. Knoll, 205 Kaufmann
Avenue.
Passed adopted and approved
this 5th day of September, 1961.
JOHN P. SCHREII3ER
Mayor
LEO N. SCHUELLER
JAMES J. KERN
PETER J. TAKOS
Councilman
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
RESOLUTION NO. 222-67
WHEREAS, applications for beer
permits were filed by the within
named applicants and they have re-
ceived 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" BEER PERMIT
Mrs. Jean Anfinson, 120 Southern
Avenue
i
Theodore J. Ferring, 385 East 13th
Street
Mrs. Emma Scherer, 1187 Iowa
Street
Michael F. Pusateri, 1292 Main
Street
Leroy G. Richman, 2319 Prince
Street
CLA55 "C" BEER PERMIT
Walter W. Knoll, 205 Kaufman
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 5th day of September, 1961.
JOHN P. SCHREIItER
Mayor
LEO N. SCHUELLER
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, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
There being no further business
Councilman Kean moved that the
meeting adjourn. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schueller, Takos.
Nays-None.
Absent-Councilman Schaller.
LEO F. FROMMELT
City Clerk
Approved ................................1961.
Adopted ..................................1961.
Councilmen
Attest : ................. ..
City Clerk.
334 Special Session, September 12, 1961
CITY COUNCIL
OFFICIAL
Special Session, September 12.
1961.
Council met at 12:15 P.M.
Present-Mayor Schreiber, Coun
cilmen Kean, Schaller, Schueller,
Takos. City Manager Gilbert D.
Chavenelle.
Mayor Schreiber read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
making appointments to the vari-
ous Boards and Commissions of the
City and acting on any other busi-
ness as may properly come before
a regular meeting of the City
Council.
Mayor Schreiber moved that the
following be appointed to the var-
ious Boards and Commissions;
Planning & Zoning Commission,
R. D. Waller, to 5/24/66-5 year
term.
Board of Zoning Adjustment,
Bert Graham, to 3/5/66-5 year
term.
Library Board, Rev. Karl G.
Schroeder to 7/1/67--6 year term.
Rev. George B. Ehlhardt to 7/1/67
-6 year term.
Playground & Recreation Com-
mission, Mrs. Wilbur Dalzell to
7/5/64-3 year term; John Petra-
kis to 7/5/64-3 year term; Ger-
ald W. McAleece to 7/5/64-3
year term; Rev. Lawrence Guter
to 7/5/64-3 year term; Harold
Sweet to 7/5/64-3 year term;
Mrs. Kay Wright to 7/5/64-3 year
term; Gilbert D. Chavenelle to 7/
5/64-3 year term.
Airport Commission, V i c t o r
Grice, to 9/14/67-6 year term.
Airport Zoning Commission,
George R. Murphy, to 5/14/67-6
year term.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
Petition of Merle E. Tobin re-
questing to excavate in the streets
and alleys of the City, presented
and read. Mayor Schreiber moved
that the petition be granted. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
September 12, 1961
To the Honorable Mayor
- and City Council
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap-
proved the following policies and
desire to have your approval on
same for filing, subject to the ap-
proval of the City Solicitor:
EXCAVATION
Tobin Construction Co., Farley,
Iowa, Fidelity and Casualty Com-
pany of New York
HEATING CONTRACTOR
Beaves Plumbing & Heating, Conti-
nental Casualty Company of Chi-
cago, Rlinois.
Joseph J. Reuter, American Surety
Company of New York
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Kean moved that
the policies be filed subject to the
approval of the City Solicitor. 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. 223.61
WHEREAS, petitions have been
filed with the City Council asking
that the citizens of the City be af-
forded an opportunity to express
their preference on Daylight Sav-
ing Time through a properly su-
pervised and conducted election;
and
WHEREAS, the City Council is
of the opinion that it is fitting
and proper that such an election
be held.
NOW THEREFORE BE 1T RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That at the regular
municipal election to be held in
the City of Dubuque, on Novem-
ber 7, 1961, there shall be sub-
mitted to the qualified electors of
said City, to be by them voted up-
I
Special Session, September 12, 1961 335
on, the proposition of whether ~..
Daylight Saving Time should be
observed annually in the City of
Dubuque;
Section 2. That the City Clerk
be and he is hereby authorized
and instructed to cause ballots for
voting on said proposition to be
prepared and in substantially the
following form and in such size as
will permit the same to be in-
serted in each voting machine:
(Notice to Voters)
(For an affirmative vote on the
question submitted, pull down
the lever above the word "YES."
For a negative vote pull down
the lever above the word "NO".)
Shall the following public measure
be adopted?
Shall the City of Dubuque, Iowa
observe Daylight Saving Time
during the year 1962 and during
the year 1963.
yEg NO
Section 3. That the City Clerk
shall have ballots for absent vot-
ers prepared to be used in voting
on the aforesaid proposition, on
yellow colored paper and in sub
stantially the following form:
(Face of Ballot)
(Notice to Voters: For an affir-
mative vote on the following
proposition, make a cross (%)
mark in the square after the
ward "Yes." For negative vote
make a similar mark in the
square following the word "No ")
Shall the following measure be
adopted?
Shall the City of Dubuque, Iowa,
observe Daylight Saving Time dur-
ing the year 1962 and during the
year 1963.
YES............ NO............
(Back of Ballot)
Official Ballot for Daylight Sav-
ing Time Proposition -Regular
Municipal Election, Dubuque, Iowa.
. Voting Precinct, November 7,
1961.
Section 4. That the Mayor is
hereby authorized, empowered and
instructed to issue a proclamation
and notice of the submission of said
proposition at said election.
Section 5. That the City Counci]
meet on the next secular day fol
lowing the day of said election a~
the Council Chamber in the Cit}
Hall, City of Dubuque, Iowa, ai
7:30 o'clock P.M., to' canvass the
results of said election.
Passed, adopted and approved
this 12th day of September, A.D.
1961, by unanimous roll call vote.
JOHN P. SCHREIBER
Mayor
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest:
LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the ad-
option of the resolution. Seconded
by Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Takos.
Nays-Councilman Schueller.
Councilman Schueller wanted the
record to reveal that he voted
against the resolution in its present
form because of the two-year pe-
riod, 1962 and 1963.
RESOLUTION NO. 224.61
Whereas, applications for beer
permits have been submitted to
this Council for approval and the
same have been examined;
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa, that the following
applications be granted and lic-
enses be issued upon the compli-
ance with the terms of the ordi-
nances of the City.
CLASS "B" BEER PERMIT
Name Address
Mrs. Melvin Link, 253 Main
Street.
William T. Locher, 177 Main
Street.
Passed, Adopted and Approved
this 12th day of September, 1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest:
LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Cazried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
;_ tea.:
__-~_
336 Special Session, September 12, 1961
RESOLUTION NO. 225.61
Whereas, applications for beer
permits were filed by the within
named applicants and they have re-
ceived the approval of this Coun-
cil; 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 bonds:
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa, that the Manager
be and he is hereby directed to
issue to the following named ap-
plicants, abeer permit.
APProved ................................1961.
Adopted ..................................1981.
Councilmen
CLASS "B" BEER PERMIT
Name Address Attest:
Mrs. Melvin Link, 253 Main
Street.
William T. Locher, 177 Main
Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same aze hereby approved.
Passed, Adopted and Approved
this 12th day of September, 1961.
JOHN P. SCHREII3ER
Mayor
LEO N. SCHUELLER
LOUIS SCAALLER
JAMES J. KEAN
PETER J. TAKOS
Attest:
LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councihnan Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
There being no further business
Councilman Schueller moved to
•djourn. Seconded by Councilman
Schaller. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
LEO F. FROMMELT
City Clerk
City Clerk
Session, September 25, 1961 337
CITY COUNCIL
OFFICIAL
Special Session, September 25,
1961.
CouncIl met at 7:30 P. M.
Present-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos. City Manager Gilbert D.
Chavenelle.
Mayor Schreiber read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
sidering bids submitted by contrac-
tors for the proposed construction
of Central Avenue Plaza, City Hall,
and also acting on any other busi-
ness as may properly come before
a regular meeting of the City
Council.
Communication of D u b u q u e
Safety Council suggesting that
some corrective measure is in order
to better regulate east bound traf-
fic on First Street at Locust, pre-
sented and read. Mayor Schreiber
moved that the communication be
referred to the City Manager and
Traffic Department for investiga-
tion and report. Seconded by Coun-
cilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Communication of Pacific Na-
tional Fire Insurance Company,
submitting power of attorney au-
thorizing the execution of certain
bonds and undertakings when
signed by John V. Neff as attorney
in fact, not to exceed $100,000.,
presented and read. Councilman
Schaller moved that the power of
attorney be received and filed.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
September 19, 1961
Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am returning to you the peti-
tion of Wilson Conlon requesting
the opening of a plotted alley be-
tween Alta Place and North
Algona from Delawaze north. This
petition was referred to the Coun-
cil to view the grounds.
The Council did view the grounds
on September 12, and it is my
understanding that the Councilors
believe that the expense of open-
ing and maintaining the alley
would be much greater than the
benefit to the petitioner, and con-
sequently, the petition should be
denied.
I recommend that the desire of
the Council be carried out.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that the
communication be referred back to
the City Manager and Engineering
Department for cost figures on
opening the alley. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Councilman Takos moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, CouncB-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Mr. Wilson Conlon addressed the
Council stated that he is presently
building a home on Alta Place with
a basement garage and the alley
would be the only way in and out
of the garage.
Petition of Wilson Conlon et al
requesting improvement of the
alley between Alta Place and N.
Algona from Delaware north, pre-
sented and read. Mayor Schreiber
'~ moved that the petition be referred
to the City Manager & Engineering
Department for cost figures on op-
ening the alley. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
33S Special Session, September 25, 1961 I ; Special Session, September 25, 1981 339
September 19, 196]
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
According to the authority vested
in my office by Ordinance No. 21-
55, Ihave reappointed William J.
Martens as member of the Plumb-
ers Board of Examiners for a three
year term, beginning June 24,
1961.
Mr. Martens is a licensed jour-
neyman plumber. I recommend him
to you, and request confirmation
of his appointment.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
September 18, 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
August, 1961, as well as a list of
claims and payrolls for which war-
rants were issued for the month
of ' ugust, 1961.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takos moved that
the reports be received and filed.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
September 20, 1961
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
On April 3, 1961, your Honorable
Body adopted Resolution No. 103-
01 directing all owners of lots
abutting on City of Dubuque 1961
Bituminous Concrete Surfacing No.
1, Section I and III, to make con-
nections from the sewer and water
mains to the curb line of said lots
prior to May 31, 1961, and further
directing that this office proceed
to have said connections made in
the eveent any property owner
shall fail to make said connections.
This is to certify that the awn-
erns of the property listed on the
attached schedule failed or refused
to make said connections to said
property prior to May 31, 1961;
that pursuant to said resolution I
contacted Walter Wilhelm and
Merl Goerdt on excavation for the
water and sewer connections, for
the plumbing work I cotacted A. A.
Anderson and G. L. McCarten, The
cost of this work as shown on the
attached bills is $907.71, which is
now due and owing jointly to the
above mentioned contractors. The
cost of making said connections to
be charged to each lot as shown
on the attached schedule.
I, therefore, recommend that the
City Auditor be instructed to issue
warrants drawn an the Street Road
Use Tax Fund, totaling $907.71!
that the cost of such connections
be assesseed against said lots as set
forth in the attached schedule and
that the City Clerk be authorized
and directed to certify said assess-
ments to the County Auditor to be
collected in the same maner as gen-
eral property taxes in accordance
with Section 4 of Chapter 151 of
the Acts of the 54th General As-
sembly of Iowa.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager.
Mayor Schreiber moved that the
recommendation of the City Man-
ager be approved and the Auditor
instructed to draw proper war-
rants. Seconded by Couucilman
Schaller. Carried by the following
vote:
Yeas-Mayor Schreiber, Concil-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
SCHEDULE OF ASSESSMENTS
For Sewer and Water Connections
on neewly paved streets as per
Resolution No. 103-61 adopted
April 3, 1961.
City of Dubuque 1961 Bituminous
Concrete Surfacing Project No. 1,
Section 1.
Dwner Lot Location Assessment
Henry J. Theis and Francis
and Virginia Theis, Lot 2-
5, Oak Grove Addition......$237.55
Wilbur W. and Dorothy
Brandenbeerg, Lot 99,
Lennox Addition ................ 223.48
Wilbur W. and Dorothy
Brandenberg, Lot 98,
Lennox Addition ..............223.47
John C. and Sylvia Ewert,
Lot 100, Lennox Addition 223.21
$907.71
September 25, 1961
Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemeen:
You have referred to your staff
a petition from R. M. Zapf and
others requesting (1) a street name
- sign for Pamela Court, (2) street
lights on Pamela Court and (3) a
modification of the island at Grand-
view and Adeline.
The street name sign has been
ordered.
It is recommended that street
lights be placed at the corner of
Pamela Court and Ramona, and at
a fire hydrant at the end of Pa-
mela Court.
Finally, the Engineers have fav-
~. orably considered cutting the is-
land at Grandview and Adeline.
The Street Department will try to
get the job done this fall.
Respectfully,
Gilbert D. Chavenelle,
City Manager.
Mayor Schreiber moved thtt 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,
Takos.
Nays-None.
September 25, 1961
Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
You have before you a petition
byMrs. Mary Richardson and others
requesting a fence at 1240 West
12th Street.
I have talked to the Street Super-
intendent about the matter and I
have inspected the area with him.
>t' I am enclosing a letter which I re-
ceived from him.
As pointed out in the lettter, in
Dubuque there are many areas sim-
ilar to that indicated by the peti-
tioner.
I have not determined the owner-
ship of the fences, or whether or
not the walis, upon which the
fences, or whether or not the walls,
upon which the fences are erected,
are on or off city property. I am
not yet in a position to recommend
to you a policy, but I will do so as
promtly a; possible.
It appears to me that in the past,
the rapair of fences and guards,
similar to the one on 12th Street,
were considered the obligation of
the property owner.
Respectfully,
Gilbert D. Chavenelle,
City Manager
Mayor Schreiber moved that the
communication and petition be re-
ferred back to the City Manager
and Engineering Department. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
September 25, 1961
Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
You have requests from the Peo-
ples Naturai Gas Company for
street cuts at 1895 Audubon and
855 Kane Streets.
Your engineering staff has in-
spected the first location and rec-
ommends that the request be
granted.
As for the Kane Street location,
there was a misunderstanding be-
tween the Engineering Department
and the Company, Due to this mis-
take the hole has already been
cut.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayer Schreiber moved that the
recommendation of the City Man-
ager be app: oved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
September 25, 1961
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap-
proved the following bonds and
340 Special Session, September 25, 1981
desire to have your approval of
same for filing, subject to the ap
proval of the City Solicitor:
SIDEWALK
James C. Martin, American Surety
Company
Klauer, Klauer & Associates, Amer
icon Surety Company
HEATING CONTRACTORS
Burkart Fuel Company, American
Surety Company
Montgomery Ward & Co. Inc., In~
surance Company of North
America
EXCAVATION
Loras Beadle, Auto Owners Insur-
ance Co.
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 Mayor
Schreiber. Carried by the follow-
ing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
Proof of Publication, certified to
by the Publisher, of list of claims
for which warrants were issued
during the month of August 1961,
presented and read. Mayor Schrei-
ber moved that the proof of pub-
lication be received and filed. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
September 13, 1961
Hon, Mayor and City Council,
City Hall, Dubuque, Iowa
Gentlemen:
On July 10, 1961, 14 petitioners
petitioned the City Council con-
cerning aresident at 2443 Division
St., Dubuque, Iowa, harboring dogs
disturbing the peace by their bark- '~,
ing, asking that the Council have
this nuisance dispelled.
The petition was referred to the
City Attorney and I have con-
ferred with Mr. Jacob Meyer and
have written him concerning the
remedy available to him under our
Dog Ordinance and further explain-
ing that the City Attorney would
prosecute any action if he or his
neighbors saw fit to file a com-
plaint.
It appears that this situation has
been abated and I have instructed
the petitioner, Mr. Meyer, who ad-
vised me that he was in contact
with the other petitioners to con-
tact this office in the event he
needs further assistance in this
problem.
Original petition is attached.
Respectfully submitted,
R. N. Russo
City Attorney
Mayor Schreiber moved that the
communication be received and
filed. Seconded by Councilman Ta-
kos. Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
September 13, 1961
Hon. Mayor & City Council,
City Hall, Dubuque, Iowa.
Gentlemen:
On August 18, 1961, Mrs. Kath-
ryn D. Cable, 65 Valley St., Du-
buque, Iowa, filed her claim in
the amount of $224.76, claiming
damages by reason of an engineer-
ing error in the installation of the
curb by reason of which the rains
on August 9, 1961 flowed over
the curb into the premises of the
claimant.
I have made an investigation of
this matter and find no actionable
negligence on the part of the City
and therefore recommend denial
of said claim.
Original claim is attached here-
to.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Takos moved that
the recommendation of the City
Attorney be aFProved. Seconded
by Mayor Schreiber. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
September 13, 1961
Hon. Mayor and City Council,
amity Hall, Dubuque, Iowa
ientlemen:
On July 12, 1961, Maurice D.
;ook, 197 Valley St., Dubuque,
:owa, filed claim for damages in
Session, September 25, 1961 341
the amount of $279.00, claiming
damage was caused from storm
sewer on Valley St. & Quinn St.,
causing water to run over his
property.
I have made an investigation of
this matter and find that there
was no actionable negligence on
the part of City of Dubuque caus-
ing said damage, and therefore
recommend denial of said claim.
Original claim is attached here-
to.
?~, Respectfully sabmitted,
R. N. Russo
City Attorney
- Mayor Schreiber moved that the
recommendation of the City At-
torney be approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None,
September 13, 1961
Hon. Mayor and City Council
City Hall, Dubuque, Iowa
Gentlemen:
On June 28, 1961, Mrs. Donald
Reynolds, Route 1, Peosta, Iowa,
filed a claim against the City of
Dubuque claiming injuries as a re-
sult of a fall while stepping off
the curb into a hole in the gutter
on the south side of West 2nd St.
in the City of Dubuque, Iowa.
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 attached here-
to.
Respectfully submitted,
R. N. Russo
City Attorney
Mayor Schreiber moved that the
recommendation of the City Attor-
ney be approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
koS.
Nays-None.
September 6, 1961
Hon. Mayor and City Council,
City of Dubuque, Dubuque, Iowa
Gentlemen:
',v: On August 4, 1961 there was
filed a claim of Leo Nadermann
for injuries suffered by his son,
Seven Nadermann, who suffered
injuries as a result of a fall over
a water shutoff in front of 70 Ne-
vada St., Dubuque, Iowa, on July
16, 1961.
I have made an examination of
this matter and find no negligence
on the part of the City of Dubuque
causing said fall and injuries to
the said Steven Nadermann, and
therefore recommend denial of
said claim.
Original claim is returned here-
with.
Respectfully submitted,
R. N. Russo
City Attorney
Mayor Schreiber moved that the
recommendation of the City At-
torney be approved. Seconded by
Counciiman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
Notice of claim of Robert L.
Paar, in the amount of $78.11, for
damage to his car as the result of
striking a protruding manhole cov-
er at Gilliam & Mineral Street on
September 16, 1961, presented and
read. Mayor Schreiber moved that
the notice of claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
ORDINANCE NO. 55-61
An Ordinance Establishing the
Voting Precinct for Certain An-
nexed Territory to the City of
Dubuque, Iowa,
presented and read.
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
342 Special Session,
by Councilman Schaller. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
ORDINANCE NO. 55-61
WHEREAS, the City Council
annexed certain territory to the
City of Dubuque, Iowa; and
WHEREAS, a Voting Precinct
should be provided for certain an-
nexed territory.
NOW THEREFORE BE IT OI2-
Section 1. That certain annexed
territory be and the same is here-
by established as part of the 15th
Voting Precinct of the City of
Dubuque and said territory is de-
scribed as follows, to-wit:
Lot 3 oP Lot 1 of Lot 2 of
Lot 3 of MIineral Lot 312; Lot
1 of Lot 1 of Lot 1 of Lot 1 of
Lot 4 of Mineral Lot 312;
Lot 6 of Mlnera7 Lot 312;
Lot 1 of Lot 6 of Mineral
Lot 312; and
Lot 2 of Lot 7 oP Lot I of
Lot 9 of Mineral Lot 312, form-
erly in Dubuque County, now
in the City of Dubuque, Iowa.
Passed, adopted and apnrovsd
this 26th day of September, A. D.,
lssl.
John P. Schreiber
Mayor
Len N. 9ebueller
Louts Schaller
James J. Kean
Peter J. Takos
Councilmen
Attest:
Leo F. Frommelt
city dark
Published officially in the Tete-
graph Herald Newspaper this 29th
da.y of September, 1961.
Leo F. Frommelt
City Clerk
1 t. s-z9
Councilman Schueller moved
the adoption of the Ordinance.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
Communication of George E. De-
ininger, Chairman of Revised Build-
ing Code Committee, stating that
the committee has completed its
work in the revision and updating
the building code and requesting
that same be adapted, presented
and read.
Councilman Schaller moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Cazried by the following
vote:
25, 1961
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Mr. George Deininger addressed
the Council by stating that the last
building code that city had was
dated back in 1924. He thanked the
members of the committee and the
new code is the result of many
meetings and reference was made
to many national, State and City
codes to achieve the desired re-
sults. He further stated that the
committee was comprised of very
capable men that are thoroughly
familiar with buildings of all types,
in their various phases of construe
tion.
The Council expressed thanks to
the Chairman and his committee
for a big job well done.
ORDINANCE NO. 56-Q1
An Ordinance revising and re-
establishing a Building Code for
the City of Dubuque, Iowa, re-
creating the office of Building
Commissioner, regulating the con-
struction, alteration, reconstruc-
tion removal, maintenance, use,
equipment and inspection of build-
ings and structures within the City
of Dubuque, Iowa; and providing
fees for such inspection and pen-
alties for viacation of said Ordi
Hance, presented and read.
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,
Takos.
Nays-None.
Councilman Schueller moved
that the rules be suspended requir-
ing an Ordinance to be read on
three separate days. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Councilman Schueller moved that
the Ordinance be placed on file in
the office of the City Cletk for at
least ten days for public inspection
before final adoption. Seconded by
Session, September 25, 1961 343
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of Loras Beadle, plumb
er, requesting permission to exca-
vate in the streets and alleys of the
City, presented and read. Mayor
Schreiber moved that the petition
be granted. Seconded by Council-
man Takos. Carried by the fallow-
ing vote:
Yeas-Mayor Schreiber, Council-
Y men Kean, Schaller, Schueller,
`~' Takos.
Nays-None.
Petition of Dubuque Civic The-
atre requesting permission to dis-
tribute handbills on Saturday,
September 30, 1961, for their pro-
duction, "The Dart At the Top of
the Stairs" and also requesting
permission to distribute handbills
for future productions, presented
and read.
Councilman Schaller moved that
the petition be granted for Septem-
ber 30th distribution only with re-
strictions as to placing same on car
windshields, etc. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of The Time Conformity
Committee of the Chamber of Com-
merce requesting to substitute the
following question for the Novem-
ber 7th election: "Shall the City of
Dubuque observe Daylight Saving
Time during the months of June,
July and August?" presented and
' read. Mayor Schreiber moved that
- the petition be denied. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Takos.
Nays-Councilman Schueller.
Councilman Schallar not voting.
Councilman Schaller stated if
motion passed the three -month
time limit would receive his sup-
port. Councilman Schueller was of
the opinion that the Daylight Sav-
ing Time issue should have a time
~ stipulation. C o u n c i l m a n Takos
,
~. stated that the limit depends on
the will of the people at the par•
ocular time.
Petition of John R. Connolly, et
31., requesting the erection of a
street light in the azea of Robin
itreet, presented and read. Mayor
ichreiber moved that the petition
be referred to the City Manager
and Electrical Inspector for investi-
gation and report. Seconded by
Councilman Schaller. Cazried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of Lyle Dewey request-
ing the erection of a street light
at Ungs and Grandview 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,
Takos.
Nays-None.
Petition of Conlon Construction
Co., et al., requesting that if a peti-
tion requesting the vacation of an
alley south of Railroad Avenue be-
tween Huff and Salina Streets is
granted that provision be made to
preserve the easement for a switch
track in compliance with easements
reserved and previously granted,
presented and read.
Mayor Schreiber moved that the
petition be referred to the Plan-
ning and Zoning Commission. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of Hillcrest Builders,
Inc., requesting re-zoning of Blocks
6 and 7 in Key Knolls Subdivision
from Single Family Residence Dis-
trict classification to Two Family
Residence District classification,
presented and read.
Mayor Schreiber moved that the
petition be referred to the Plan-
ning and Zoning Commission. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-Nose.
k.J
. ip
344 Special Session, September 2S, 1961
Petition of Conlon Construction
Co. requesting an extension of time
for the installation of the Storm
Water Pumping Unit at East 16th
Street, presented and read.
Mayor Schreiber moved that the
petition be granted. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of the American Legion
requesting permission to hold a
parade on Monday eveening, Octo-
ber 16, 1961, presented and read.
Councilman Takos moved that
the petition be granted and the
Police Chief notified. Seconded by
Councilman Kean. Carried by the
fallowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of My-Cap Vendors, Inc.,
and Henry Schmidt, requesting a
refund of $75 on the unexpired por-
tion of cigarette license No. 216, as
the establishment has discontinued
business, presented and read.
Councilman Takos moved that
the petition be granted and the Au-
ditor instructed to issue a warrant
payable to My-Cap Vendors, Inc.,
and Henry Schmidt in the amount
of $75 to cover the amount due on
the unexpired portion of cigarette
license Na. 216. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of Dubuque Baseball,
Inc., requesting a refund of $100
on the unexpired portion of Class
B beer license No. 49 as they have
discontinued business an Septem-
ber 1, 1961, presented and read.
Councilman Takos moved that
the petition be granted and the
Auditor instructed to issue a waz-
rant payable to Dubuque Baseball,
Inc., in the amount of $100 to cover
the amount due on the unexpired
portion of Class B beer license No.
49. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of Dubuque Baseball,
Inc., requesting a refund of $75
on the unexpired portion rif cigar-
ette license No. 232, as they have
discontinued business on Septem-
ber 1, 1961, presented and read.
Councilman Takos moved that the
petition be granted and the Audi-
tor instructed to issue a wazrant
payable to Dubuque Baseball, Inc.,
in the amount of $75 to cover the
amount due on the unexpired por-
tion of cigarette license No. 232.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of Donald J. Meyer re-
questing arefund of $75 on the
unexpired portion of cigarette li-
cense No. 264, as he has discon-
tinued business on September 6,
1961, presented and read.
Councilman Takos moved that
the petition be granted and the
Auditor instructed to issue a war-
rant payable to• Donald J. Meyer, in
the amount of $75 to cover the
amount due on the unexpired por-
tion of cigarette license No. 264.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Petition of My-Cap Vendors, Inc.,
and George Weber requesting a re-
fund of $75 on the unexpired por-
tion of cigarette license No. 215,
presented and read.
Councilman Takos moved that
the refund be granted and the Au-
ditor instructed to issue a wazrant
payable to My-Cap Vendors, Inc.,
and George Weber in the amount
of $75 to cover the amount due on
the unexpired portion of cigarette
license No. 215. Seconded by Coun
Gilman Schueller. Carried by the
fallowing vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Proof of Publication, certified to
by the Publisher of Notice of Pen-
dency of Resolution of Necessity
Special Session, September 25, 1981 345
and Hearing upon proposed plans
and specifications for the construc-
tion of Central Avenue Plaza, City
Hall, presented and read.
Mayor Schreiber moved that the
proof of publication be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
(Necessity for ImprovemenT)
RESOLUTION NO. 219.61
WHEREAS, proposed plans,
specifications, form of contract
have been duly prepared and ap-
proved by the City Council of the
City of Dubuque and are now on
file in the office of the City Clerk
showing among other things the
following:
1. The plan of such improve-
ment.
2. An estimate of the cost of
the proposed improvement.
For the Central Avenue Plaza, City
Hall, 13th & Central Avenue, Du-
buque, Iowa.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein men-
tioned improvement, and unless
property owners at the time of the
final consideration of this pro-
posed resolution have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cast and
expense of making said improve-
ment will be paid from the City
Building Fund.
The above resolution was in-
troduced, approved and ordered
placed on file with the City Clerk
this 5th day of September, 1961.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
25th day of September 1961.
JOHN P. SCHR,EIBER
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.
Proof of Publication, certified
to by the Publisher of Notice to
contractors for receipt of bids for
the construction of the proposed
Central Avenue Plaza, City Hall,
presented and read.
Councilman Schaller moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
September 25, 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., September 25, 1961 for
the Central Avenue Plaza, City
Hall, Dubuque, Iowa. A tabulation
of bids submitted is as follows:
M. P. Kluck %
Total Bid ..........$16,092.00 +18.63
Deduct Alternate 3,819.00
Base bid ..........$12,274.00 -F28.31
Willy Construction Co.
Total Bid ..........$19,552.00 -}-44.14
Deduct alternate 5,530.00
$14,022.00 ~-46.60
Anton Zwack, Inc.
Total Bid ..........$19,724.00 -f-45.40
Deduct alternate 5,400.00
$14,324.00 +49.75
Estimate
Total Bid ..........$13,565.00
Base Bid ..............9,565.00
348 Special Session, September 2S, 1981
A study of the bids submitted
show an increase in excess of th and directed to record a certified
e
original estimate for the project copy of this Resolution in the of-
fice of the County Recorder i
The consensus of opinion of your n
and for Dubuque County
Iowa
staff and the architect for the prof-
ect is that the in ,
.
Passed, adopted and approved
crease in price
was due to the shortage of a
il by recorded roll call vote this 2bth
d
va
-
ability of certain crafts and ma- ay of September, 1961.
terials at this time of the year. JOHN p, SCHREIBER
I, therefore, recommend that all Mayor
bids be rejected at this time with LEO N. SCHits,:r r FR
possible consideration of re-bid- LOUIS SCHAT r.1Rr
ding the project after the first of JAMES J. KERN
the coming year. I also recommend PETER J. TAKOS
that the City Treasurer be instruct- Councilmen
ed to return the bid checks to the Attest: LEO F. FROMMELT
bidders. City Clerk
Respectfully submitted, Councilman Takos moved the
Gilbert D. Chavenelle adoption of the resolution, Second-
City Manager ed by Councilman Kean. Carried
Councilman Schueller moved b Y as-Mayor Schreiber
Council-
that the recommendation of the
City Manager be approved. Second- ,
men Kean, Schaller, Schueller, Ta-
kos
ed by Councilman Schaller. Car- .
Nays-None
ried by the following vote: .
Yeas-Mayor Schreiber, Council- RESOLUTION N0. 2271
men Kean, Schaller, Schueller, Ta•
kos Resolution annexing certain lot
• located in Highland Farm in Du-
Nays-None. buque County, Iowa, to the City of
RESOLUTION NO
22661 Dubuque.
.
WHEREAS, Resolution No. 213-
61 is the~owner~ ofethetfol owung dee
, entitled Resolution Annexing
i
t
g scribed real estate, to -wit:
Farm
n n D
ubuque County~
Iowa, off tit flthof S~ diiisoif ~_ ~
to the City of Dubuque was passed,
adopted on the 5th day of Se
tem of
Lot 1 of Lot 1 of Lot 1 of Lot 2 of
L
p
-
ber 1961 by the City of Dubuque ot 3 of Lot 1 in Highland Farm
i
D
,
Iowa; and n
ubuque County, Iowa; and
WHEREAS, said Resolution was WHEREAS, the City Manager
has recommended that said lot be
recorded in the office of the Du- annexed to the City of Dubuque;
buque County Recorder on Sep- and
tember 7, 1961 and recorded as
Instrument No. 20730; and WHEREAS, the City Council
having examined the Plat of said
WHEREAS, the description of
i lot finds that the same is contigu-
sa
d lot in Highland Farm as set ous to and adjoins the City limits
out in said Resolution was in er- and that it is in the public in-
ror.
NOW THEREFORE BE IT RE- terest that said lot be annexed to
the City of Dubuque
Iowa
SOLVED by the City Council of
the City of Dubuque
Iow ,
.
NOW THEREFORE BE IT AE-
,
a:
Section 1. That Resolution No. SOLVED by the City Council of
the City of Dubuque
Iowa:
213-61, passed, adopted on the 5th
day of September 1961 by the Cit
- ,
Section 1. That Lot 2 of the Sub-
di
i
i
y
Council of Dubuque, Iowa, and v
s
on of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1 of Lot
recorded on September 7, i981 in 1 of Lot 2 of Lot 3 of Lot 1 in
the office of the Dubuque County Htghland Farm in Dubuque Coun-
Recorder as Instrument No. 20730
b ty, iowa, be and the same is here-
e and .the same is hereby re- by annexed to the City of Du-
peaied and declared to be null and buque.
void. Section 2. That the City Clerk
Secfioe 2. That the City Clerk be and he is hereby authorized
be and he is hereby authorized and directed to record a certified
Special Session, Se
copy of this Resolution in the of-
fice of the County Recorder of
Dubuque County, Iowa.
- Passed and adopted by recorded
roll call vote this 25th day of Sep-
tember, 1961.
JOHN P. SCHREIBER
Mayor
- LEO N. SCHUELT•>•''R
'. LOUIS SCHAT T.F.R
JAMES J. KERN
PETER J. TAKOS
Councilmen
i Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved
the adoption of the resolution.
Seconded by Councilman Schaller.
Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
RESOLUTION NO. 22841
'~ WHEREAS, on May 12, 1961, Ar-
nold J. Leytem petitioned the
Council to purchase Lot 27 of
Block 26 in Dubuque Harbor Im-
provement Co. Addition in the
City of Dubuque, Iowa, said peti-
tioner alleging his ownership of
Lots 28 through ~38 of Block 26
I in said Addition; and
Wi~REAS, the Planning and
Zoning Commission of City of Du-
buque, Iowa,. has no objection to
the sale of this lot; and
TAFIEREAS, the City of Dubuque,
Iowa, deems it in the best public
interest to dispose of said lot and
that said lot be disposed to the
highest bidder for cash, including
costs of publication and that the
bids therefor shall be sealed.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the City Clerk
I..:. be and he is hereby ordered to
publish notice of proposal to dis-
pose of real estate, and receipt of
sealed bids therefor and that the
date of hearing on said disposal
of real estate be and the same is
fixed for the 6th day of November,
i ~-. ~ 1961 at 7:30 o'clock P.M. at the
~+ ~ City Council Chambers in the City
I Hall in the City of Dubuque.
~; Passed, adopted and approved
this 25th day of September, A.D
25, 1961 347
1961, by unanimous roll call vote.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KERN
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.
September 18, 1961
The Honorable Mayor
and City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
This is to advise you that the
City of Dubuque 1961 Grading
Project No. 1 has been completed
in accordance with the City of
Dubuque Plans and Specifications.
I, therefore, recommend the ac-
ceptance of the above named proj-
ect.
Very truly yours,
Gilbert D. Chavenelle
City Manager
Mayor Schreiber moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schaller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
Final Estimate
RESOLUTION NO. 229.61
WHEREAS, the contract for the
City of Dubuque 1961 Grading
Project No. 1 North Grandview
Avenue Extension from Statioa 30
-~00 to the south property line
of Kaufmann Avenue which is sta-
tion 39150 has been completed
and the City Engineer has sub-
mitted his final estimate showing
the coat thereof including the cost
of estimates, notices, inspection,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
348 Special Session, September 25, 1981
That the cost of said improve-
ment is hereby determined to be
$34,889.90.
That none of the cost thereof
shall be assessable upon private
property and $34,889.90 shall be
paid from the 135-J Street Road
Use Tax Fund of the City of Du-
buque.
Passed, adopted and approved
this 25th day of September 1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the
adoption of the resolution. Second-
ed by Councilman Takos. Cazried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
(A Resolution Ac~epfing
Improvement)
CITY OF DUBUQUE., IOWA
RESOLUTION NO. 230.61
WHEREAS, the rnntract for the
City of Dubuque Grading Project
No. 1 North Grandview Avenue Ex-
tension from station 30+00 to the
south property line of Kaufmann
Avenue which is station 39+50
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE TT 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 the funds to be
realized from the Street Road Use
Tax Fund in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, adopted and approved
this 25th day of September, 1961.
JOHN P. SCHREHiER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber moved the
adoption of the resolution. Second-
ed by Councilman Schaller. Car-
ried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
RESOLUTION NO. 231-61
BE TT RESOLVID 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 cigarettes and cigarette papers
within said City.
Mrs. Melvin Link, 253 Main Street
Mt. St. Bernard Seminary, Inc.,
2360 Carter Road
Wartburg Seminary Snack Bar, 333
Wartburg Place
Milton Ney, 1900 Washington
Street
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cations be approved.
Passed, adopted and approved
this 25th day of September, 1961.
JOHN P. SCHREIBER
Mayor
LEO N. SCHUELLER
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Schreiber 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.
Session, September 25, 1961 349
RESOLUTION NO. 232-61
WHEREAS, applications for beer
permits have been submitted to
this Council for approval and the
same have been examined;
NOW, THEREFORE, BE TT 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.
CLA55 "B" BEER PERMIT
William Harbaugh, 475 Central
Avenue
Mark A. Smith, 400 Central Ave-
nue
Joseph E. Reisdorf, 601 Rhomberg
Avenue
Rita B. Love, 802 Iowa Street
George Zillig, 342 Eighth Street
Milton Ney, 1900 Washington
Street
William Bublitz, 1543 Central Ave-
nue
CLASS "B" BEER PERMIT
FOR PRIVATE CLUB
D. A. V. Club, Inc., 95Th Main
Street
Leo A. Schwind V. F. W. Post No.
508, 1638 Central Avenue
CLASS "C" BEER PERMIT
Bernard Tigges, 1405 Dodge Street
Passed, adopted and approved
this 25th day of September, 1901.
JOHN P. SCHREIItER
Mayor
LEO N. SCfHIE1.I.>::R
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schaller 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. 233.67
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" BEER PERMIT
William Harbaugh, 475 Central
Avenue
Mark A. Smith, 400 Central Ave-
nue
Joseph E. Reisdorf, 001 Rhomberg
Avenue
Rita B. Love, 802 Iowa Street
George Zillig, 342 Eighth Street
Milton Ney, 1900 Washington
Street
William Bublitz, 1543 Central Ave-
nue
CLASS "B" BEER PERMIT
FOR PRIVATE CLUB
D. A. V. Club, Inc., 95Th Main
Street
Leo A. Schwind V. F. W. Past No.
508, 1638 Central Avenue
CLASS "C" BEER PERMIT
Bernard Tigges, 1405 Dodge 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 25th day of September, 1961.
JOHN P. SCHREUIER
Mayor
LEO N. SCIIUi''I.i.t,`R
LOUIS SCHALLER
JAMES J. KERN
PETER J. TAKOS
Councilmen
Attest: LEO F. FROOMMELT
City Clerk
Councilman Schaller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
There being no further business
Councilman Schaller moved to ad-
journ. Seconded by Mayor Schrei-
350 Special Session, September 25, 1961
ber. Carried by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller, Ta-
kos.
Nays-None.
LEO F. FROMMELT
City Clerk
Approved
Adopted ..................................1961.
Councilmen j ............................. .......
Attest
City Clerk
Session, October 2, 1961 351
CITY COUNCIL
(Official)
Regular Meeting, October 2, 1961.
Council met at 7:30 P. M.
Presence-Mayor Schreiber, Coun-
cilmen Kean, Schaller, Schueller,
Takos. City Manager Gilbert D.
Chavenelle.
Mayor Schreiber read the call
and stated that this is the regu-
lar monthly meeting of the City
Council for the purpose of acting
upon such business as may proper-
ly come before the meeting.
October 2, 1961
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have
approved the following policy for
filing, subject to the approval of
the City Solicitor.
EXCAVATION
Ed. Schmitz, d/b/a Smitty's Excav-
ating Service, Policy No. CL2637943
Continental Casualty Co.
Respecfully submitted
Gilbert D. Chavenelle,
City Manager.
Mayor Schreiber moved that the
policy be filed subject to the ap-
proval of the City Solicitor. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
Printed Council proceedings for
the months of April, May and
June 1961, presented for approval.
Mayor Schreiber moved that the
Council proceedings for the months
of April, May and June 1961, be
approved as printed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.
October 2, 1961
Hon. Mayor and City Council
City Hall
Dubuque, Iowa
Gentlemen:
On March 30, 1959, Bertha A.
Hamel filed an action at law
against the City of Dubuque, Iowa
in the District Court of Dubuque,
Iowa, and same being docketed
as Law No. 36000, claiming the
amount of damages in the sum of
$14,500.00 for injuries allegedly
suffered resulting from a fall on
a public sidewalk abutting the pre-
mises known as 345 West Locust
St., which plaintiff claims said
sidewalk was in a defective condi-
tion with an accumulation of ice
and snow thereon, and that said
fall occurred on February 8, 1959.
Plaintiff through her attorneys
has made an offer of settlement in
the amount of $1,250.00, and in
considering said offer it should be
pointed out that the abutting prop-
erty owner has agreed to contri-
bute the sum of $350.00 thereto
leaving the amount of $900.00 to
be paid toward said settlement
by City of Dubuque, Iowa.
It is the recommendation of the
City Attorney that the offer of
settlement by Bertha A. Hamel be
accepted by the City of Dubuque
and that the City Auditor be in-
structed to draw a warrant in the
amount of $900.00 payable to Ber-
tha A. Hamel and her attorneys
of record and that same be trans-
mitted to the City Attorney for
delivery thereof to plaintiff upon
receipt of duly executed release
and dismissed with prejudice of
the action pending in the District
Court of Dubuque County, Iowa.
It is further recommended that
the court costs in the amount of
$11.00 be paid by the City of Du-
buque and that the City Auditor
be instructed to draw a warrant
in the amount of $11.00 payable
to Harold N. Hilbert, Clerk of
District Court of Dubuque County,
Iowa.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Takos moved that
the recommendation of the City
Attorney be approved and the Aud
itor instructed to draw proper
warrants. Seconded by Maya r
Schreiber. Carried by the following
vote:
Yeas-Mayor Schreiber, Council-
men Kean, Schaller, Schueller,
Takos.
Nays-None.