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1961 October Council Proceedings350 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 ..............................1961. Adopted ..................................1961. Councilmen Attest City Clerk Regular Session, October 2, 1961 351 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 M a y o r Schreiber. Carried by the following vote: Dubuque, Iowa Yeas-Mayor Schreiber, Counci]- Gentlemen: men Kean, Schaller, Schueller, On March 30, 1959, Bertha A. Takos. Hamel filed an action at law Nays-None. CITY COUNCIL (Official) Regular Meeting, October 2, 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 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. CL2687943 Covtinental 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 ~"2 Regular Session, October 2, 1961 Regular Session, October 2, 1961 ~" September 27, 1961 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The Planning & Zoning Com- mission has examined the petition of Frank Fluckiger, requesting vacation of portion of an alley south of Railroad Avenue and be- tween Huff and Salina Streets. After viewing the grounds and considering the reasons for the re- quest, namely consolidation of sep- arated parcels of property the Commission believes the a 11 e y should be vacated. Therefore the planning & zoning commission recommends vacation of the alley between Huff and Salina Streets and from a point 210 feet south of Railroad Avenue to its southern terminus provided the easement for present utilities be reserved and the easement for a switch track that now exists on property abutting the alley at the southern end be continued across the vacated portion to complete the continuity of said easement. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller move d that the recommendation of the Commission be approved and that proper proceedings be prepared. Seconded by Councilman Kean. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. September 27, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Ray Vyverberg requesting vacation of a portion of street known as West Saunders which extends just a short dis- tance west into his property has been examined by the Planning & Zoning Commission. This short stub has no value to the public for street purposes, has never been open and in its present position prevents the proper use of the petitioners property. The Planning k Zoning Commis- sion recommends vacation of this part of public street. Respectfully submitted, The Dubuque Planning & Zoning Commission By Owen Riley, Secretary Mayor Schreiber moved that the recommendation of the Commis- sion be approved and that proper proceedings be prepared. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. September 27. 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion is returning the petition of Ruth Miller, 808 Rhomberg with no action. Attached to the petition is a written request asking that her pe- tition be withdrawn. Yours very truly, Dubuque Planning & Zoning Commission By Owen Riley, Secretary 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 27, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Al G. Schmitz et al, 711 Rhomberg Avenue request- ing rezoning certain area in the 700 Block on Rhomberg Ave. from Local Business District "B" to Lo- cal Business District "A" has been considered by the Planning & Zon- ing Commission. The owners of property in this area wish to retain the Business District but they desire to elimi- nate some of the uses permitted by Local Business "B" which they consider objectionable. The Planning and Zoning Com- mission recommends granting of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller moved that the recommendation of the Commission be approved and that proper proceedings be drawn. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of My-Cap Vendors Inc. submitting cigarette license re- funds of Mrs. Catherine Lester, Robert Beidler, Robert O. Kammer- ude, and requesting that due to the fact that the licenses were paid for by them that the refunds should also be made out to them. Councilman Takos moved that the petition be referred to the City Manager and City Solicitor. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of My-Cap Vendors Inc., Mrs. Catherine Lester, requesting a refund in the amount of $75 on the unexpired portion of cigarette license No. 218, as Mrs. Catherine Lester has discontinued business on September 25, 1961, presented and read. Councilman Takos moved that the refund be granted subject to the approval of the City Solici- tor. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Schaller, Schueller, Ta~ kos. Nays-None. Petition of My-Cap Vendors Inc Robert Beidler, requesting a re fund in the amount of $75 on the unexpired portion of cigarette li sense No. 217, as Robert Beidler has discontinued business on Sep tember 25, 1961, presented an< read. Councilman Takos moves that the refund be granted subjec to the approval of the City Solici tor. Seconded by Councilmai Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- nen Kean, Schaller, Schueller, Ta- os. Nays-None. Petition of My-Cap Vendors, Inc., 3obert O. Kammerude, requesting arefund in the amount of $75 on .he unexpired portion of cigarette icense No. 227, as Robert O. Kam- nerude has discontinued business ~n September 25, 1961, presented and read. Councilman Takos moved that the refund be granted subject to the approval of the City Solici- tor. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Helen Woodward re- questing arefund in the amount of $50 on the unexpired portion of Class B beer permit No. 16, as she has discontinued business on September 25, 1961, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $50 pay- able to Helen Woodward, to cover the amount due on the unexpired portion of Class B beer permit No. 16. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Helen Woodward re- questing arefund in the amount of $75 on the unexpired portion of cigarette license No. 100, as she has discontinued business on September 25, 1961, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a war- rant in the amount of $75 payable to Helen Woodward, to cover the amount due on the unexpired por- tion of cigarette License No. 100. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Rean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Gordon Cunningham requesting a refund of $75 on the unexpired portion of cigarette li- cense No. 247, as he has discon- tinued business on September 31, 354 Regular Session, October 2, 1961 1961, presented and read. Council- man Schueller moved that the re- fund be granted and the Auditor instructed to issue a warrant in the amount of $75 payable to Gor- don Cunningham, to cover the amount due on the unexpired por- tion of cigarette license No. 247. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of George Kennedy re- questing arefund of $75 on the unexpired portion of cigarette li- cense No. 294, as he has discon- tinued business on September 30, 1961, presented and read. Council- man Schueller moved that the re- fund be granted and the Auditor instructed to issue a warrant in the amount of $75 payable to George Kennedy, to cover the amount due on the unexpired por- tion of cigarette license No. 294. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Fred C. Potterveld requesting a refund in the amount of $75 on the unexpired portion of cigarette license No. 199, as he has discontinued business on Sep- tember 9, 1961, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a war- rant in the amount of $75 payable to Fred C. Potterveld, to cover the amount due on the unexpired por- tion of cigarette license No. 199. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- ~' men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Dubuque Sports Bowl requesting a refund in the amount of $100 on the unexpired portion of Class B beer license No. 52, as they have discontinued business on September 23, 1961, presented and read. Councilman Schueller moved that the refund be granted and the Auditor instructed to issue a warrant in the amount of $100 pay- able to Dubuque Sports Bowl to cover the amount due on the un- expired portion of Class B beer license No. 52. Seconded by Coun- cilman Takos. Carried by the fol- 'owing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of Senior High School requesting permission to hold a homecoming parade on October 6, at 2:30 P.M. presented and read. Councilman Schueller moved that the petition be granted and the Police Chief be notified. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor S~breiber, Council- men Kean, Schaher, Schueller, Ta- kos. Nays-None. Petition of Leo Manders et al requesting the installation of curb & gutter and surfacing of one block of SL Joseph Street from Gandolfo to Collins Street, present- ed and read. Councilman Schaller moved that the petition be referred to the 1962 Street program. Sec- onded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Petition of American Association for the United Nations requesting permission for two neighborhood groups, one in the Sacred Heart- Audubon school area and the oth- er in the University of Dubuque area, to conduct a "trick or treat" Monday, October 30, 1961, pre- sented and read. Mayor Schreiber moved that the rules be suspended in order to set anyone present address the Council if they so desire. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, ~a- kos. Mr. Roland White addressed the Council in behalf of the petition presented by the American Asso- ciation for the United Nations by explaining that it is largely a vol- untary body. There are more gov- ernments in this than in the United Nations itself. He men- tioned the fact that they would not attempt to cover the whole city but would like to use two areas Regular Session, October 2, 1961 355 as test areas, at least for the first year. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: ~. Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to dispose of Lot 28 "A" Stewart Subdivision, being the alley adjacent to and southeaster- ly of Lot 28 in Stewart Subdivi- sion, 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. One sealed bid was received from George W. Helling, in the amount of $52.00, for the purchase of Lot 28 "A" Stewart Subdivision, in the City of Dubuque, Dubuque County, Iowa. A certified check was enclosed with the bid in the amount of $5.20. Mayor Schreiber moved that the bid of $52.00, as submitted by Mr. George W. Helling, for the pur- chase of Lot 26 "A" Stewart Subdi- vision be accepted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION NO. 23461 WHEREAS, pursuant to Resolu- tion and notice the City Council of the City of Dubuque met on the 2nd day of October, 1961 at 7:30 o'clock P.M. in the City Council Chamber in the City Hall to con- sider the proposal to dispose of the hereinafter described real es~ tote, at which hearing all inter ested parties were afforded an opportunity to be heard for of against such proposal; and WHEREAS, pursuant to pub lished notice sealed bids for the purchase of said property were taken and were at said time ant place presented to the City Coun cil and opened and the higher scaled bid was determined to bi that of George W. Helling in thi amount of $52.00 and it was there upon determined that the bid o George W. Helling in the amoun .f $52.00 was the best bid and hould be accepted by the City. NOW THEREFOR BE IT RE- iOLVED by the City Council of he City of Dubuque: Section 1. That the bid of 3eorge W. Helling in the amount >f $52.00 for the purchase of Lot ?6 "A" in Stewart Subdivision, be- .ng the alley adjacent to and southeasterly of Lot 28 in Stewart subdivision in the City of Du- buque, Dubuque County, Iowa, is hereby accepted and the Mayor and the City Clerk are hereby au- [horized and empowered to exe- cute the Quit Claim Deed of the City of Dubuque releasing and conveying to George W. Helling all of its right, title and interest in and to the above described real estate and to deliver the same to the said George W. Helling upon receipt of $52.00 in cash, plus pub- lication costs in the amount of $29.33. 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 Du- buque County, Iowa. Passed by recorded roll call vote and approved this 2nd day of October, A.D. 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS CouncRmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. September 27, 1961 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is plat of Block 2, Hamblins Sub. This subdivision located at the end of Cummins Street, west of Cox Street, composed of eight lots and owned by Charles Hamblin. 356 Session, October 2, 1961 This plat has been approved b the planning and Zoning Commis Sion. Respectfully submitted Dubuque Planning & Zoning Commission By OWEN RH.EY, Secretary Mayor Schreiber moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 235.61 A RESOLUTION APPROVRNG THE PLAT OF BLOCK 2 OF HAMBLIN SUBDIVISION Whereas there has been filed with the City Clerk a plat in which Block 2 of Hamblin Subdivision is subdivided into 8 lots by Charles L. Hamblin as owner thereof; and Whereas said plat has been ex- amined by the Dubuque Planning $c Zoning Commission and ap- proved by it; and Whereas said pyat has been found by the City Council to con- form to~ the Statutes and Ordin- ances relating thereto, except the therein dedicated portion of Cum- mins Street has not been reduced to grade, or paving, sewer or water services, or sidewalks installed therein; Now, Therefor, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of the portion of Cummins Street together with the easements for public utilities, as the same ap- pear upon said plat, are hereby accepted. Section 2. That the plat of the subdivision of Block 2 of Hamblin Subdivision is hereby approved and the Mayor and Clerk are au- thorized and directed to endorse the approval of the City of Dubu- que upon said plat, provided the owner of said property, hereinbe- fore named, executes his written acceptance hereto attached, agree- ing: a. To reduce the new portion of Cummins Street to grade as shown by the profile submitted with the plat. b. To surface the new portion of Cummins Street as shown on the y improvement plat with an eight inch rolled stone base, a 2~z inch hot mixed, hot laid bitum- inous concrete paving, and to provide concrete curb and gutter in accordance with City of Du- buque standards. c. To provide concrete sidewalks on both sides of the said new street as required by City Ord- inance. d. To install water mains in accord- ance with the plans submitted with the plat. e. To install sanitary sewers in ac- cordance with the plans sub- mitted with the plat. f. To install house laterals to the lot lines from the sanitary sewer and water mains. g. To construct the foregoing im- provements in accordance with the plans and specifications ap- proved by the City Manager and under the supervision of the City Engineer. h. To maintain the foregoing im- provements for a period of four years from and after the date of their acceptance by the City. i. To provide the foregoing im- provements and their mainten- ance at the expense of the owner named herein. j. To construct said improvements prior to November 1, 1963; and further provided that Charles L. Hamblin, as owner of said sub- division, secure the performance of the foregoing conditions by providing security in such sum and with such sureties as may be acceptable to the City Manager. Section 3. That in the event the said Charles L. Hamblin shall fail to execute the written acceptance and provide the security provided for in Section 2 hereof, within 45 days from the date of this Reso- lution, the provision hereof shall be null and void and the accept- ance by the City of the dedications and the approval of the plat shall not be effective. Passed, adopted and approved this 2nd day of October, 1961. JOHN P. SCHREIBER Mayor LEO N.SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Session, October 2, 1961 357 To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity provided for by the foregoing Resolution No. -61 has been fur- nished by the owner. Dubuque, Iowa ......................... 1961. City Manager ACCEPTANCE OF RESOLUTION NO. -61 I, the undersigned Charles L. Hamblin, having read the terms and conditions of the foregoing Resolution No. ......-61 and being familiar with the contents thereof, hereby accept the same and agree to perform the conditions required therein. -' CHARLES L. HAMBLIN Mayor Schreiber moved the adoption of the resolution. Second- ' ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- ~~. ~ man, Kean, Schaller, Schueller, '-. ~~ Takos. Nays-None. September 22, 1961 ' E Honorable Mayor and City Council ':: Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is a plot of Sullivan's Subdivision. This subdivision is located at Bryant Street and South Grandview Avenue, composed of five lots and owned by Robert Sullivan. This plot has been approved by the Planning and Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secretary Councilman Schueller moved that the communication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- ciimen Kean, Schaller, Schueller, Takos. '. Nays-None. RESOLUTION NO. 236-61 RESOLUTION Approving Plat of Sullivan's Subdivision in the City of Dubuque, Iowa. ~' WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of the Subdivision of that dart of Mineral Lot 46 which lies Northeasterly of Grandview Av- ~nue; and Lot 1 of the Subdivision of Lot 2 of the Subdivision of Min- eral Lot 47, all in the City of Du- buque, Iowa. is platted as Lot 1, 2, 3, 4 and 5 Sullivan's Subdivision in the City of Dubuque, 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 examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCH. OF THE CTTY OF DUBUQUE, IOWA: Section 7. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 2nd day of October A.D, 1961. JOHN P. SCHREHiER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KERN PETER J. TAKOS CauncIlmen Attest: LEO F. FROMMELT, City Clerk Mayor Schreiber moved the ad- option of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. To the Honorable Mayor, City Manager and City Council of the City of Dubuque, Iowa: Gentlemen: The undersigned Westchester, Inc. and The Iowa District East of The Lutehran Church-Missouri Synod, being all of the owners of the following territory adjoining the City of Dubuque, Iowa, hereby make application to the City Coun- cil of said City to annex Lots 1, 2, 3, 4 and 5 of Block 5, Lots 1, 2 and 3 of Block 4, Block 3, Foothill ~V 358 Regular Session, October 2, 1961 ~ . Regular Session, October 2, 1961 359 Road and Key Way, all in West Chester, as shown on the plat o. A. A. Rhomberg, Professional Civi Engineer and Land Surveyor, dated September 6, 1961 and whick is attached hereto. September 22nd, 1961. Respectfully submitted WESTCHESTER, INC. By HOMER V. BUTT, President By ED TURNQUIST, Secretary THE IOWA DISTRICT EAST OF THE LUTH- ERAN CHURCH-MIS- SOURI SYNOD, By Rev. W. D. Getting, President Councilman Schueller moved that the petition be granted. Sec- onded by Councilman Takos. Car- ried by the fallowing vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. EXHIBIT "A" AGREEMENT THIS AGREEMENT made and entered into by and between the City of Dubuque, Iowa, called the City", Westchester, Inc., called "Westchester," and The Iowa Dis- trict East of The Lutheran Church - Missouri Synod, called the "Church", WITNESSETH: 1. The City will furnish approxi- mately 1600 feet of 8 inch water main and Westchester agrees to install the same in the easterly side of Old Timers Road and pur- chase and install pipe, hydrants, valves and stubs from said 8 inch main to the easterly line of West- chester Subdivision. 2. It is further agreed that said water main will be the property of and will be controlled and oper- ated as a part of the City of Du- buque Distribution System and any future connection charges for ser- vice to property other than the hereinafter described real estate will be paid to the City of Du- buque Water Department which real estate is described as follows: Lot 5 of Block 5, Lot 1, Lot 2 and Lot 3 of Block 4, Block 3, all in Westchester as shown on Plat of A. A. Rhomberg, Profes- sional Civil Engineer and Land Surveyor, dated September 6, 1961. 3. It is further agreed that no service from this system shall be •pllowed to serve any property which at the time such service is requested, is not within the cor- porate limits of the City of Du- buque, Iowa. 4. Westchester further agrees that it will post the necessary performance bond far their con- struction cost of said water main conditioned upon completing the work and having the same approv- ed within forty-five (45) days from the commencement of the work and agrees that it will post the necessary maintenance bend pro- vided for the maintenance of said improvement for a period of four (4) years. 5. It is further agreed that the improvement of said Blocks 3, 4 and 5 of Westchester will be in compliance with the policy and requirements established by the City Council of the City of Dubu- que, which requirements are: a) Reduce streets to grade; b) Install curb and gutter in ac- cordance with specifications estab- lished by the City Manager and City of Dubuque Engineering De- partment; c) Surfacing of streets; d) Install sidewalks; e) Install utilities; f) Install house laterals and wa- ter services; g) Maintain foregoing improve- ments for a period of four (4) years. h) File the performance bond required by the City to insure per- formance of the foregoing condi- tions and file the maintenance bond required by the City for the maintenance of the foregoing im- provements for period of four (4) years. 6. The Church, its successors and assigns, and Westchester, its successors and assigns will pay the proportionate share of the cost of grading, the cost of installa- tion of curb and gutter, surfac- ing of street or streets, installa- tion of utilities and installation of sidewalks as required by the City. Executed in triplicate the 2nd ' day of October, 1961. WESTCHESTER, INC., By HOMER V. BUTT, President By ED TURNQUIST, Secretary CITY OF DUBUQUE, IOWA, By JOHN P. SCHREIBER Mayor Attest: LEO F. FROMMELT, Clerk (City Seal) THE IOWA DISTRICT EAST OF THE LUTH- ERAN CHURCH - MIS- OURI SYNOD, By REV. W. D. GETTING, President Councilman Schueller moved that the Mayor and Clerk be auth- orized to sign the agreement on behalf of the City of Dubuque. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Schreiber, Coun- cilmen Kean, Schaller, Schueller, Takos. Nays-None. RESOLUTION NO. 237-61 A RESOLUTION ANNEXRQG CERTAIN TERRTTORY TO THE CTTY OF DUBUQUE, IOWA. WHEREAS, Westchester, Inc. and The Iowa District East of The Lutheran Church-Missouri Synod, are owners of the following de- scribed territory adjoining the City of Dubuque, Iowa, to-wit: - Lots 1, 2, 3, 4 and 5 of Block 5, Lots 1, 2 and 3 of Block 4, Block 3; Foothill Road and Key Way, all in Westchester, as shown by the Plat of A. A. Rhom- berg, Professional Civil Engi- "' Weer and Land Surveyor, dated September B, 1961; and WHEREAS, said owners of the hereinabove described territory have made application to the City Council of Dubuque, Iowa, to an- nex the hereinabove described territory; and WHEREAS, said ten•itory is be ing built up and the inhabitant thereof will be enabled to secur the benefits of City Governmen - by way of police and fire protec tion, in addition to other benefits if said territory is incorporate within the City limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1958, authorizes the ex- tension of City Limits in situations of this character by the adoption of a Resolution therefor; and WHEREAS, as a condition to the annexation of the territory hereinabove described the City of Dubuque has required that the applicants for the annexation of said territory agree in writing with the City of Dubuque con- cerning the installation and pay- ment for the extension of water main and in addition thereto it has required the applicants to agree in writing with the City of Dubuque with respect to the mak- ing of improvements in said terri- tory as a condition precedent to the acceptance of the dedication for public use of any streets in said annexed territory which agreement is dated the 2nd day of October, 1961, marked Exhibit "A" and by reference made a part hereof. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa, are hereby extended by an- nexing to the City of Dubuque, the following described territory: Lots 1, 2, 3, 4 and 5 of Block 5, Lots 1, 2 and 3 of Block 4, Block 3, Foothill Road and Key Way, all in Westchester as shown on Plat of A. A. Rhom- berg, Professional Civil Engineer and Land Surveyor, dated Sep- tember 6, 1961. Section 2. That Westchester, Inc. have on file with the City of Du- buque at the time of passage of this Resolution the necessary per- formance bond for the construc- tion cost of said water main con- ditioned upon completing the work and having the same ap- proved within forty-five (45) days from the commencement of the work and that it will have on file v`ith the City of Dubuque Lhe nec- essary maintenance bond provid- s ina for the maintenance of said e improvement for a period of four t ~;}l years. S,e4ion 3. That the dedication for public use of Foothill Road d I ar-d Kcy Way, as shown on plat 360 Regular Session, October 2, 1961 attached hereto, shall not be ac- cepted by the City of Dubuque, Iowa until the necessary perform- ance bond and the necessary main- tenance bond in the required amounts shall be filed by the own- ers of said annexed territory, in- suring the performance and main- tenance of the improvements as more specifically set out in Para- graph 5 of Exhibit "A" hereto at- tached. Section 4. That the City Clerk be and he is hereby directed to file in the office of the Dubuque County Recorder a certified copy of this Resolution. Passed, adopted and approved this 2nd day of October, A.D. 1961, by unanimous roll call vote. JOHN P. SCHREII3ER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION NO. 238.61 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Mrs. Anne K. Laury and Joseph R. Lenger, 498 No. Grandview Avenue BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 2nd day of October, 1961. JOHN P. SCHREII3ER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION NO. 239-61 WHEREAS, applications for beer permits have been submitted to ttis 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 fallowing applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Dorrance Homes, 1828 Central Avenue Mrs, Florence Herburger, 2987 Jackson Street Clement R. Fleckenstein, 2995 Central Avenue Mrs. Regina Schmidt, 36 West 4th Street CLASS "C" BEER PERMIT Merlin Apel, 1195 Dodge Street Passed, adopted and approved this 2nd day of October, 1961. JOHN P. SCHREIBER Mayor LEO N. SCHUELLER LOUIS SCHALLER JAMES J. KEAN PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Se~ond- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. RESOLUTION NO. 240-61 WHEREAS, applications for beer permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE TT RE- SOLVED by the City Council of Session, October 2, 1961 361 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 Dorrance Homes, 1828 Central Avenue Mrs. Florence Herburger, 2987 s: Jackson Street Clement R. Fleckenstein, 2995 Central Avenue Mrs. Regina Schmidt, 36 West 4th Street CLASS "C" BEER PERMIT Merlin Apel, 1195 Dodge Street BE TT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. ;jti' Passed, adopted and approved this 2nd day of October, 1961. ;k JOHN P. SCHREH3ER Mayor LEO N. SCHUELLEA iii' LOUIS SCHALLER 'f~.. JAMES J. KEAN PETER J. TAKOS ~'- Councilmen Attest: LED F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Kean. Carried t'' by the following vote: >„'._ Yeas-Mayor Schreiber, Council- L.`--. men Kean, Schaller, Schueller, Ta- kos. Nays-None. Communication of A. L. Mutsch- ler, addressed to Councilman Schueller on the Wisconsin Plan on Insurance for public buildings, presented and read. Councilman I Schueller moved that the commu- 'I ~ nication be referred to the City I Manager. Seconded by Mayor II Schreiber. Carried by the follow- ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. There being no further business Councilman Schueller moved to adjourn. Seconded by Mayor Schreiber, Carried by the follow- . ing vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. LEO F. FROMMELT City Clerk Approved Adopted ..................................19........ Councilmen: Attest ................................................ City Clerk 362 Session, October 5, 1961 CITY COUNCIL OFFICIAL Special Session, October 5, 1961. Council met at 11:30 A.M. Present-Mayor Schreiber, Councilmen Kean, Schaller, Schuel- ler, Takos. Absent City Manager Gilbert D. Chavenelle. Mayor Schreiber read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of making appointments to various Boards or Commissions, and also acting on any other business that may properly come before a regu- lar meeting of the City Council. Mayor Schreiber moved that Don Mueller be appointed to the Dock Commission to fill the unexpired term of Arnold A. Caitham to 11-26-61. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean. Schaller, Takos. Nays-Councilman Schueller. Councilman Schueller explained his position on voting no to the appointment of Don Mueller by stating that he has nothing per- sonal against the gentleman. How- ever, it is a matter of principle because of the failure to recognise labor in making the appointment. The Board now consists of business men only. Mayor Schreiber moved t h a t Griffith Wright be appointed to the Civil Service Commission to fill the unexpired term of Leroy H. Giles to 3-31-66. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Ta- kos. Nays-None. MAYOR'S PROCLAMATION Notice of Elec}ion Dubuque, Iowa Public notice is hereby given that at the Regular Municipal Election in the City of Dubuque, Iowa, to be held on the 7th day of November, 1961, from seven o'clock A.M. to eight o'clock P.M. there will be submitted to the elec- tors of said City, to be by them voted upon, the proposition of whether daylight saving time should be observed during the year 1962 and during the year 1963 in the City of Dubuque, Iowa. At said election voting machines will be used and ballots prepared therefor will have printed there- on the proposition in substantially the following form: (Notice to voters: For an af- firmative vote on the question submitted, pull down the lever above the word "Yes." Fora nega- tive 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 Tim e during the year 1962 and during the year 1963? YES NO The said election on said pro- position will be held in the sev- eral election precincts of said City, the boundaries of which shall be as delimited by Ordinances Numbered 7-52, 37-56, 67-60, 54-61 and 55-61 of said City. The polling places within the respective elec- tion precincts will be as follows: First Precinct - Bryant School, 1280 Rush Street. Second Precinct - Washington Junior High School, 51 North Grandview Avenue. Third Precinct -Franklin School, 39 Bluff Street. Fourth Precinct -County Court House, 7th Street & Central Avenue. Fifth Precinct - Lincoln School, 1101 West Fifth Street. Sixth Precinct - No. 4 Engine House, 1697 University Avenue. Seventh Precinct -City Hall, 13th Street & Central Avenue. Eighth Precinct - Chamber of Commerce, 9th & Locust Streets. Ninth Precinct - 18th Street En- gine House. Tenth Precinct - Central School, 1500 Locust Street. Eleventh Precinct - St. Paul's Lutheran School, 2017 Jackson Street. Twelfth Precinct -Fulton School, 2540 Central Avenue. Thirteenth Precinct -Holy Ghost School, 2901 Central Avenue. Special Session, October 5, 1961 363 Fourteenth Precinct - Audubon School, 535 Lincoln Avenue. Fifteenth Precinct -Marsha 11 School, 1450 Rhomberg Avenue. Sixteenth Precinct-Irving School, 2520 Pennsylvania Avenue. All qualified electors of said City are hereby notified to appear at said election; each to vote at the polling place of the election precinct in which such elector resides, or as permitted by statute. This notice is given by order of the City Council of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, this 5th day of October, 1961. JOHN P. SCHREIBER Mayor of the City of Du- buque, Iowa Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved that the proclamation be made a matter of record. Seconded by Councilman Takes. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. There being no further business Mayor Schreiber moved to adjourn. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Schaller, Schueller, Takos. Nays-None. LEO F. FROMMELT City Clerk Approved ..............................1962. Adopted ..................................1962. rrrr ~~lu~~l``{{l~~i ~~~~~I~I~I~~~ ~~I~~ ~d'~~P~~~ 364 Session, October 17, 1981 CITY COUNCIL OFFICIAL Special Session, October 17, 1961. Council met at 12:15 P.M. Present-Mayor Schreiber, Coun- cilmen Kean, Takos. City Manager Gilbert D. Chavenelle. Absent -Councilmen Schaller, Schueller. Mayor Schreiber read the call and stated that this meeting is cal- led for the purpose of submitting a report on the canvass of petitions for nominations of Municipal offi- cers to be voted on at the General Municipal Election to be held on November 7, 1961, and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. October 11, 1961. To the Members of the City Council, Dubuque, Iowa. Gentlemen: We have this date canvassed the petitions for nomination for Muni- cipal Officers to be voted on at the Municipal Election to be held on November 7, 1961, on file in the Office of the City Clerk at the close of the business day on Oct- ober 10, 1961, and find said can- vass as follows: Hugh D. Clark, City Councilman, Nominated by Petition. Robert J. Horgan, City Council- man, Nominated by Petition. LaMar E. Jones, City Council- man, Nominated by Petition. James J. Kean, City Council- man, Nominated by Petition. Eldon A. Pfohl, City Council- man, Nominated by Petition. Peter J. Takos, City Council- man, Nominated by Petition. Frederick R. Appel, Park Com- missioner, Nominated by Peti- tion. Respectfully submitted this 11th day of October, 1961. JOHN P. SCHREIBER Mayor LEO F. FROMMELT City Clerk Mayor Schreiber moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote. Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilman Schaller, Schueller. October il, 1981. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Attached hereto is a list of the Judges and Clerks selected to serve at the Regular Municipal Election to be held on Tuesday November 7, 1961. We request approval of this list. Respectfully submitted, LEO F. FROMMELT City Clerk Councilman Takos moved ap- proval of the list. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent-Councilmen Schalleq Schueller. FIRST PRECINCT: Josephine O'Brien, 850 S. Grand- view Ave., Louise Rafoth, 964 Mt. Loretta Ave. -Clerks. Margaret Cannon, 168 Julien Dubuque Dr., Helen Bennett, 626 Levi Street, Harry Krakow, 886 Cleveland Ave. -Judges. SECOND PRECINCT: Natalie Conlon, 1840 Hale Street, Suzanne Preitauer, 190 S. Grand- view Ave. -Clerks. Dorothy Kline, 1867 Grace St., Emma Elvers, 2152~/z Hale Street, Elsie Mikkelsen, 398 North Algona. Nudges. THIRD PRECINCT: Vera McAllister, 821 Dodge St., Eunice Kilby, 521 West Third St. -Clerks. Viola Rettenmeier, 175 Cardiff Street, Anna Kingsley, 784 Cleve- land Avenue, Edna Wunderlich, 60S Fenelon Place. Nudges. FOURTH PRECINCT: Emma Osborn, 495 West Fifth Street, Georgina Millius, 468iFz Lo- cust Street. -Clerks. Kay McEvoy, 784'/z Wilson Ave- nue, Neva Shoars, 626 University Avenue, Eleanor Freund, 549 West Fifth Street. Nudges. Special Session, October 17, 1961 385 FIFTH PRECINCT: Emily Schreiber, 997 Oxford St., Effie Butters, 394 Glen Oak Street. -Clerks. Marian Pfaff, 265 Alpine Street, Marily Siegert, 791 Nevada Street, Elizabeth Vogel, 1185 Center Place. Nudges. SIXTH PRECINCT: Helen Schadee, 2565 University Ave., Millie Cords, 1655 Auburn Street. -Clerks. Olive Satterlee, 1915 Asbury St., Grace Stevens, 1445 Auburn St., Elda Vogt, 1568 Auburn Street. ~7udges. SEVENTH PRECINCT: Loretta Goff, 27 West Ninth St., Alexia Hanley, 911 Central Ave., -Clerks. Ruth Grimme, 1274~/z Main St., Emma Van Fleet, 45 West Ninth Street, John Goff, 27 West Ninth Street. -Judges EIGHTH PRECINCT: Jane Fuhrman, 530 Wilbur Lane, Anna Weber, 1027 Locust Street. -Clerks. Irene Fuhrman, 538 W i l b u r Lane, Ann Hubbard, 970 Grove Terrace, Frances Heles, 656 Loras Boulevard. sludges. NINTH PRECINCT: Mary ArthofeC, 1509 Jackson Street, Mildred Koehler, 1763'/z Central Avenue. -Clerks. Hilda Cartigny, 1763'h Central Avenue, Mildred McCarthy, 1427'fe White Street, Clara Hoffman, 563 East Fourteenth Street. -Judges. TENTH PRECINCT: Mary Behr, 1491 Main Street, Loretta Kammueller, 366 West Lo- cust Street. -Clerks. Anna Kunz, 490 Almond Street, Lillian Fettkether, 326 West Locust Street, Florence Powers, 465 West Locust Street. --Judges. ELEVENTH PRECINCT: Ida Murray, 348 Kaufmann Ave- nue, Hilda Kempter, 2125 Kleine Street. -Clerks. Hilda Hoefflin, 1942 Central Ave- nue, Lucy Volkert, 373 Kaufmann Avenue, Eleanor Pfiffner, 514 Kaufmann Avenue. Nudges. TWELFTH PRECINCT: Minnie Recker, 2210 Francis St., Elsie Bottge, 2421 Division. -Clerks. Ida Biehl, 2425 Division, Doris Gabriel, 2500 Washington Street, Pearl Sartor, 2227 White Street. -Judges. THIRTEENTH PRECINCT: Freda Foell, 2915 Jackson St., Lorraine Quade, 2655 White St. -Clerks. Charles Haudenshield, 2715 Jack- son Street, Veronica Schueller 2885 Washington Street, Rose Gu- lick, 2886 Washington St. -Judges. FOURTEENTH PRECINCT: Loretta McAndrews, 706 Lincoln Avenue, Gwen Bohn, 2540 Windsor Avenue. -Clerks. Amanda Millius, 2020 Kniest St., Gladys Jansen, 704 Ries Street, Al- ma Howe, 2612 Windsor Avenue. -Judges. FIFTEENTH PRECINCT: Frances Grippes, 1228 Lincoln Avenue, Helen Pape, 917 Rhom- berg Avenue. -Clerks. Gertrude Ihrcke, 3215 Roosevelt Avenue, Irma Fransen, 2073 Lin- coln Avenue, Loras Welu, 1120 Rhomberg Avenue. -Judges. SIXTEENTH PRECINCT: Marietta Donegan, 2010 Ogilby Road, Helen Schetgen, 155 Devon Drive. -Clerks. Ethel Asmussen, 3131 Asbury Street, Dorothy Gatrel, 85 Devon Drive, Leo Siegert, 2995 Asbury Street. -Judges. October 9, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff, the following petitions for street lights. The locations have been investigated and recommendations are made for each petition. The petition of Lyle Dewey for a street light at Ungs and North Grandview. It is recommended that a street light be located on the east lot line of 2280 North Grand- view. A petition from John R. Conno•1- ly and others for a street light on Robin Street. It is recommended that a street light be located on the east lot line of 845 Robin Street. A petition of Mrs. Robert Wis- sing for a street light between 22nd and 23rd Streets on White Street. It is not recommended that 366 Special Session, October 17, 1961 r Special Session, October 17, 1961 367 a light be located as the trees at 23rd and White are now trimmed, making a great deal of difference, and the effectiveness of the lights presently located fulfills the pur- pose of the petition. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Schreiber moved that the recommendations of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. October 13, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Yov have referred to your staff, a petition for a stop sign at the intersection of Queen and Regent Streets and also a warning sign for a dip in the pavement at this intersection. A check was made at this inter- section, and it was found that there is not enough vehicular traffic to warrant a stop sign, and therefore, it is recommended that no stop be placed. The pavement dip has been elim- inated by the Street Department. Also, the Traffic Department has placed a "Slow School" sign on @ueen Street just north of the intersection and two "Watch Out For Children" signs on Regent Street east and west of the inter- section. The petition also makes refer- ence to~ Regent Street as being de- signed as a coasting street during the winter. This is true, but the in- tersection is posted to such af- fect during the coasting period. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the recommendation of the City Man- ager be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. October 17, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: You have referred to your staff, a petition of Mr, and Mrs. Wallace H. Pearce concerning the student parking situation in the neighbor- hood of Wahlert High School. The main object as stated in the petition is to make it compulsory for students to park in the Wahlert High School parking lot rather than on the street by regulating parking so that it would be prohib- ited from 7:30 to 8:30 A.M. We believe that this type of regulation discriminates against a particular group and therefore it is recom- mended that this request of the petition be not granted. The Traffic Division has had a meeting with Fr. Guter and Fr. Raker and they are willing to co- operate and have been encouraging and enforcing the regulation that the students park in the student parking lot. Since the meeting, the Police Department has periodically checked the school district and have found that the students have been parking in the lot rather than in the residential district. We believe that the situation has greatly improved. We will con- tinually check and keep watch over the area and the school authorities are enforcing the regulation of stu- dent parking in the school lot. We believe that this program is and will produce more effective re- sults than the requested "no park- ing" signs. Respectfully sumbitted, 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-Mayer Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. October 13, 1961 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On September 25, 1961, the Building Code Committee pre- sented the Council the new Build- ing Code for Dubuque. In order to give the public and all interested parties an opportun- ity to examine same, it was placed on file with the City Clerk. Many individuals and represen- tative groups have conferred with the Building Department and ex- amined the contents of the Code. All groups are apparently satisfied with the Code. Therefore I recommend that the proposed Building Code be adopted at your earliest conven- ience. Sincerely, DONALD J. BANDY, Building Commis- sioner Mayor Schreiber moved that a public hearing be held on the Building Code Ordinance on No- vember 20, 1961, at 7:30 P.M. in the Council Chamber at the City Hall and the City Clerk be in- structed to publish notice of same. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Coun- cilmen Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. Printed Council proceedings for the month of July 1961 presented for approval. Mayor Schreiber moved that the Council proceed- ings for the month of July 1961 be approved as printed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. Communication of D u b u q u e Chamber of Commerce Special Parking Committee, submitting a resolution adopted at their meet- ing of October 11, 1961 requesting the Council to have a complete parking survey made immediately together with a suggested plan for immediate procedure covering the downtown area, Central Ave- nue and other parking area needs, presented and read. Mayor Schrei- ber moved that the communication be referred to the City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. Proof of Publication, certified to by the Publisheq of Statement of Receipts and a list of claims for which warrants were issued during the month of September 1961, presented and read. Mayor Schreiber 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, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. Petition of Seven-Up Bottling Co. requesting permission to con- nect to city owned sewer and water lines within 300' of their building site at University Avenue and the City limits, presented and read. Councilman Takos moved that the petition be referred to the City Manager and staff. Se- conded by Mayor Schreiber. Car- ried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. Petition of Muscular Dystrophy Associations of America Inc. re- questing permission to hold a "march for Muscular Dystrophy" on Sunday November 19, 1961, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. Petition of Richard Freund et al requesting the erection of street lights on the corner of Evergreen and Lindale street, and Kaufmann Avenue and Evergreen streets, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by May- or Schreiber. Carried by the fol- lowing vote: 368 Special Session, October 17. 1961 ~; Special Session, October 17, 1961 369 Yeas-Mayor Schreiber, Counci] men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller Schueller, Petition of Dubuque Junior Chamber of Commerce requesting permission to hold a parade ani political rally on Monday evening October 23, 1961, presented ani read. Mayor Schreiber moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schreiber, Council men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. Notice of claim of Willis G. Lyons, in the amount of $97.50, on behalf of his son Lawrence Lyons, a minor, for personal in- juries received by said minor as the result of a fall on Valley Street on June 29, 1961, presented and read. Mayor Schreiber moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. Notice of claim of Elroy Bender, in the amount of $50., being an amount not covered by insurance, for water damage to his car as the result of flooding on Jefferson Street due to clogged up catch basins, which happened during the month of August 1961, presented and read. Mayor Schreiber moved that the notice of claim be refer- red to the City Solicitor for invest- igation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. October 13, 1961 Hon. Mayor and City Council City Hall Dubuque, Iowa Re: Jennie Burkart vs. City of Dubuque and Corinne Howe Gentlemen: On or about April 21, 1961, Jennie Burkart filed a petition in the District Court of Dubuque County, Iowa, against the City of Dubuque, Iowa, claiming damages in the amount of $17,500.00 for injuries allegedly suffered as a result of a fall upon a public side- walk in the vicinity of 1006 and 1008 Walnut St., Dubuque, Iowa, which she allegedly was in defec- tive condition and that in said petition the said Jennie Burkart as plaintiff joined Corinne Howe as defendant with the City of Du- buque, she being the owner of the property abutting the public walk where plaintiff fell, claiming of said defendant, Corinne Howe, the sum of $17,50D,00, as damages for her injuries. That the plaintiff, Jennie Burk- art, through her attorneys, has made an offer of settlement in the amount of $2500.00 and that the defendant Corinne Howe, through her representatives, has offered to contribute the sum of $1250.00 thereto. It is the recommendation of the City Attorney that the offer of set- tlement made by Jennie Burkart in the amount of $2500.00 be ac- cepted by the City on condition that the codefendant and the abut- ting property owner, Corinne Howe, contribute the sum of $1250.00 thereto thereby leaving the amount of $1250.00 to be paid toward said settlement by the City of Dubuque, Iowa, and that the City AudiCor be directed to draw r warrant payable to Jennie Burk- art and her attorneys in the amount of $1250.00 and to deliver same to the City Attorney for transmittal to plaintiff upon re- ~eipt by him of a duly executed •elease and dismissal of said pend- ng action with prejudice from the daintiff. That the City Auditor be further nstructed to draw a warrant in he amount of $15.50 payable to Harold N. Hilbert, Clerk of the District Court, Dubuque County, Iowa, to cover the court costs in the above mentioned action. Respectfully submitted, R. N. Russo City Attorney Mayor Schreiber moved that the recommendations of the City So- licitor be approved and the Audi- tor instructed to issue proper war- rants. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. A b s e n t-Councilmen Schaller, Schueller. October 11, 1961 The Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque Fengler Street Overpass and approaches have 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, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION NO. 241-61 WHEREAS, the contract for the City of Dubuque Fengler Street Overpass and Viaduct has been completed and the City Engineer has submitted his final estimate showing the cost thereof. BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $114,371.44. That none of the cost thereof shall be assessable upon private property and $57,185.72 shall be paid by Chicago, Milwaukee, St. Paul & Pacific Railroad Co. and $3,359.62 shall be paid from the Street Construction-Bridge & Via- duct Fund 135-J-1 and $53,826.10 shall be paid from Che Road Use Tax-Street Construction-135J1 of the City of Dubuque. Passed, adopted and approved this 17th day of October, 1961. JOHN P. SCHREIBER Mayor 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 Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. (A Resolu}ion Accepting Improve- ment) RESOLUTION NO. 242-61 WHEREAS, the contract for the City of Dubuque Fengler Street Overpass and Viaduct has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends 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 funds to be realibed from Fengler Street Over- pass Fund from Road Use Tax 135J and Street Construction Bridge and Viaduct Fund in amount equal to the amount of his contract, less any retained per- centage provided for therein. 370 Special Session, October 17, 1981 Special Session, October 17, 1961 371 Passed, adopted and approvet this 17th day of October, 1961. JOHN P. SCHREIBER Mayor 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 Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. October 16, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The City of Dubuque 1960 Storm Stewer Project No. 1-Kaufmann Avenue and East 17th Street Storm Sewer has been completed in ac- cordance with plans and specifica- tions with the exception of paving on Kaufmann Avenue from Cen- tral Avenue to Kane Street. The paving on this part of the project was postponed after due delibera- tion by your staff with the intent to allow the total project to set a year before any permanent pav- ino is constructed. A temporary seal coat surface was applied to the Kaufmann Avenue Project, with consideration of paving Kauf- mann Avenue during the next con- struction season from Central Ave- nue to Kane Street to be financed by this project, and from Kane Street westerly to the existing pavement to be financed by special assessment. Considering the feasibility of al- lowing the project to set a year before any permanent surfacing is constructed, I will recommend that the items of the contract let to Hennessey Brothers, Inc. for pav- ing Kaufmann Avenue from Cen- tral Avenue to Kane Street be de- leted from their contract, and that this section of Kaufmann Avenue be included in next year's sched- ule of improvements along with the remainder of Kaufmann Ave- nue and other streets to be sur- faced. I, therefore, recommend that the City of Dubuque 1960 Storm Sewer Project No. 1-Kaufmann Avenue and East 17th Street Storm Sewer be accepted. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. (A Resolution Accepting Improve- ment) CITY OF DUBUQUE, IOWA RESOLUTION NO. 243.61 WHEREAS, the contract for the City of Dubuque 1960 Storm Sewer Project No. 1 Bid Section No. 1 Kaufmann Avenue Storm Sewer has been completed and the City Manager has examined the work and filed his cerfificate 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 IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds from the sale of bonds issued upon the above described improvement less any retained percentage provided for therein. Passed, adopted and approved this 17th day of October, 1961. JOHN P. SCHREIBER Mayor JAMES J. KERN PETER J. TAKOS 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, Takos. Nays-None. Absent - Councilmen Schaller, Schueller (A Resolution Accepting Impravemen}) CITY OF DUBUQUE, IOWA RESOLUTION NO. 244-61 WHEREAS, the contract for the City of Dubuque 1960 Storm Sewer Project No. 1 Bid Section No. 2 (Alternate) - East 17th Street Storm Sewer has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds from the sale of bonds issued upon the above described improvement less any retained percentage provided for therein. Passed, adopted and approved this 17th day of October, 1961. JOHN P. SCHREHBER Mayor 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, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. October 5, 1961 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The Shiras Avenue Sanitary Sew- er has been completed in accord- ance with plans and specifications by Fondell & Sons of Dubuque, Iowa. I, therefore, recommend that the improvement be accepted. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Schreiber. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. FINAL ESTIMATE City of Dubuque, Iowa RESOLUTION NO. 245-67 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer in Shiras Avenue from the existing sanitary sewer in Shiras Avenue oposite the easterly property line of Lot 1 of Lot 3 of Mineral Lot 310, thence north- westerly in Shiras Avenue to the Corporation Limits has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspect tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $6,861.47. That $6,881.47 of the cost there- of shall be asses=able upon private property and none shall be paid from the ............................ Fund o£ the City of Dubuque. Passed, adopted and approved this 17th day of October, 1961. JOHN P. SCHREIBER, Mayor 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 Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Kean, Takos. Nays-None. Absent -Councilmen Schaller, Schueller. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) City of Dubuque, Iowa RESOLUTION NO. 246-61 WHEREAS, the contract for the construction of an eight inch (8") 372 Session, October 17, 1961 sanitary sewer in Shiras Avenue from the existing sanitary sewer in Shiras Avenue opposite the east- erly property line of Lot 1 of Lot 3 of Mineral Lot 310, thence north- westerly in Shiras Avenue to the Corporation limits has been com- pleted 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 contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and filed the same in the office of the City Clerk subject to public inspee- tion and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed adopted and approved this 17th day of October, 1961. JOHN P. SCHREIIiER Mayor 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, Takos. Nays-None. Absent-Councilmen Schaller, Schueller. RESOLUTION NO. 247-61 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Name Address Mr. and Mrs. Raymond Kratz (My Cap Vendors, Inc.), 1501 Rhom- berg Avenue. Richard J. Kruse, 1105 University Avenue. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 17th day of October, 1901. JOHIV P. SCIHtEIBER Mayor JAMES J. KERN PETER J. TAROS 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 Rean, Takos. Nays-None. Absent--Councilmen Schaller, Schueller. There being no further business Mayor Schreiber moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schreiber, Council- men Rean, Takos. Nays-None. Absent-Councilmen Schaller, Schueller. APProved ................................1962. Adopted ................................1962. Councilmen Attest : ........... ........... City Clerk. ^~ ,,