Loading...
1960 February Council Proceedings90 Special Session, January 25, 1960 City Manager Sthilh was asked to make a statement, which he did, same being marked Exhibit No. 31. (Refer to Transcript--Con- flict of Interest Investigation-Vol- ume VHI-Afternoon Session 1-29- 60, page 31). Mayor Takos stated that the chair has not been informed by any other witness that it was their wish to make a final statement, so it concludes that there is no further witness to appear before this body. The Council will ad- journ this inquiry until it has a chance to review the testimony, exhibits, affidavits, and other mat- ters included in the record. The Council will indicate its intention on this matter as soon as practi- cable. The chair wishes to thank all parties at this hearing and their cooperation in keeping the tempo orderly, and in particular the two court reporters for their patience during the last five days. Councilman Freund moved to adjourn. Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. LEO F. FROMMELT City Clerk Approved ..............................1960. Adopted ..................................1960. Councilmen Attest City Clerk ~, f ~~ r C AY M :c Session, February 1, 1980 91 CITY COUNCIL (OFFICIAL) Regular Session February 1, 1960. Council met at 7:30 P.M. Present-Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. City Manager Schiltz. Mayor Takos read the call and stated that this is a regular month- ly meeting of the City Council for the purpose of acting upon such business as may properly come be- fore the meeting. January 25, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am submitting herewith the monthly reports of the City Audi- tor, City Treasurer, City Health Department and City Water Works for the month of December as well as list of claims for which warrants were issued for the month of December, 1959. Respectfully submitted, L. J. SCHII.TZ City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Schuel- ler Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, -Schaller, Schreiber, Schueller. Nays-None. Proof of Publication certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing the month of December 1959, presented and read. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition for suspension of taxes of Richard -E. Haschke for Lot 2 of Hoppman Place on ac- count of old age was referred to the City Manager. This suspension of taxes request- ed does not relieve the property for the payment of these taxes but they are suspended until the property is sold. I know Mr. Haschke and to my knowledge, he has no means of support or in- come. I recommend that the pe- tition be granted. Respectfully submitted, L. J. SCHII.TZ City Manager Mayor Takos moved that the rec- ommendation of the City Manager be approved. Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bond and pol- icies and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: HEATING Dubuque Plumbing and Heating Co., American Casualty Co. EXCAVATION Dubuque Plumbing and Heating Co., Policy No. CL 848932, Bi- tuminous Casualty Corp. G. L. McCarten, d/b/a McCarten Plumbing & Heating, Policy No. CGL 112-45378, American Surety Co. Everett Emerson, d/b/a Emerson Excavating Co., Policy No. ML 185750, U.S. Fidelity and Guar- anty Co. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Schueller moved that the filing of the bonds and policies be approved subject to the approval of the City Solicitor. Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. I Nays-None. 92 Regulaz Session, February 1, 1960 Regular Session, February 1, 1960 93 February 1, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Art Frommelt and others requesting the install~- tion of a street light at Fink and Gillespie Streets was referred to the City Manager for investigation and report. An investigation by the Elec- trical Inspector and the Interstate Power Company showed the exisb ing light on West 32nd Street just east of Fink Street should be re- located to Fink Street and West 32nd Streets and a new light should be installed between this light and the first one to the east on West 32nd Street. At the pres- ent time there is no light at Fink and Gillespie Streets and it is their recommendation that one be installed at this location. It is therefore recommended that a street light be installed at the intersection of Fink and Gil- lespie Streets and one between West 32nd and Fink and the first light east, and also that the light just east of the intersection of 32nd and Fink Streets be installed at that intersection. Respectfully submitted, L. J. SCHII,TZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The lot description of the fol- lowing named lot, owned by Jos. H. & Helen A. Bellman, was listed in error on the final schedule of assessment of the City of Du- buque, 1959 Bituminous Concrete Paving Project No. 1. Lot is listed as: Owner, Jos. H. & Helen A. Bellman. Des~rip- tion, Lot 1-1-1-1-2 of Mineral Lot 342. Should be listed as follows: Owner, Jos. H. & Helen Bellman. Description, Lot 1-1-1-1-2 of Min- eral Lot 351. It is requested that your Honor- able body grant the City Clerk per- mission to correct the final sched- ule of assessments. Very truly yours, L. J. SCHII.TZ City Manager Councilman Freund moved that permission be granted to correct the final schedule. Seconded by Councilman Schreiber. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning and Zoning Com- mission has for several years bees interested in securing aerial photo- graphs with planimetric and topo- graphic mapping of the City of Dubuque. Proposals have been submitted and the Planning and Zoning Com- mission wishes to paztieipate in this project. The nine square miles partly within the city limits and mostly in the proposed area of annexation are the areas of utmost importance to the Commission at this time. We hope that other governmen- tal bodies will pazticipate and make a complete set of aerial photographs and mapping of the entire city. Respectfully submitted, Owen Riley, Secretary Planning & Zoning Commission Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning and Zoning Com- mission has agreed to participate in the cost of aerial photos and all engineering work to provide contour maps of the area proposed to be annexed and the County has - agreed to pay for the area ap- proximately one mile outside these limits. The City Engineering Depart- ment desires to have maps for the - present city area and with the Planning and Zoning Commission and Dubuque County participating in the overall costs and spreading it over a three year period, we I would have the City and surround- ing area properly mapped. This would result in considerable sav- ings in preliminary engineering work on city projects and would be of great value in city planning. ~ I recommend that the Manager be authorized to enter into an Agreement with a responsible firm to perform this work and further that the City, the Plan- ning and Zoning Commission and ~ Dubuque County participate in paying for this work. Respectfully submitted, L. J. SCHILTZ City Manager a Councilman Schaller moved that the recommendation of the City Manager be approved and that be be authorized to enter into an agreement. Seconded by Council- s man Freund. Carried by the fol- - lowing vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. ,i .- February 1, 1960 To the Honorable Mayor ~ and City Council Dubuque, Iowa Gentlemen: f Attached is a Resolution pre- ~ sented by the Iowa Highway Com- - mission for action by the City Council at this meeting, approv- ing the surfacing of Central Ave- nue and setting out certain re- strictions on parking, access and ' ' providing for the payment of the city's portion of the cost for sur- facing the full width of the street. q Respectfully submitted, j L. J. SCHII,TZ ~' ~ City Manager Councilman Freund moved that the communication be received and filed. Seconded by Mayor Ta- kos. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 32.60 Form No. 862-P-Acc. (Rev. 12-358) County Dubuque, Proj. No. FN-148 Consenting to and approving the plans for the improvement of the extension of Primary Road No. U.S. No. 52 within the City of Du- buque, Iowa. WHEREAS it is proposed to im- prove by A. C. Resurfacing the ex- tension of Primary Raad No. U.S. No. 52 within the City of Du- buque, Iowa, in accordance with plans filed in the office of the Clerk of said City of Dubuque as follows: On present route of U.S. No. 52 from the south line of E. 20th Street to the north line of E. 32nd Street identified as Proj. No. FN-148, and WHEREAS the Council has in- formed itself as to the proposed improvement and has examined the plans thereof. NOW, THEREFORE, be it re- solved by the said Council of Du- buque, as follows: 1. The Council hereby approves the plans for the said project and consents to the improve- ment in accordance with the plans. 2. The Council will take such legal steps and prosecute to a con- clusion such legal action and- or proceedings as aze now or may hereafter be required: a. To legally establish the grade lines of the street in accordance with and as shown by the proj- ect plans, and to cause any dam- age accruing therefrom to be determined and paid pursuant to Section 389.22 et seq., Code of Iowa, 1958. b. To take such steps as may be necessary to secure the consent to the removal of any trees that may interfere with the constroc• lion of the project. c. To prevent encroachment and obstructions upon streets or highways covered by the project. d. To not close or obstruct the street either partially or com- 94 Regular Session, February 1, 1980 pletely, in any manner or for any purpose whatsoever except in those instances recited in Section 321.348, Code of Iowa, 1958. e. To prevent the erection of any signboards, whether on pub- lic or private property, which obstruct the view of any por- tion of the public highway or street or railroad track. f. To remove or cause to be re- moved without expense to the State Highway C o m m i s s i o n (County) all water hydeants, curb boxes, electroliers and cables, poles, parking meters, traffic signals, and any other facilities or obstructions which interfere with the Construction of the project. 3. Since this project is to be partly financed with Federal Aid Funds the grant of which requires that the Iowa Highway Commission comply with Federal laws and regulations with respect thereto, the Council agrees to take such action as may be necessary to comply with such Federal laws and regulations. (Approval of the plans by the Council satis- fies the requirements of this paragraph.) 4. The Council further agrees that within the limits of the pro- posed surfacing and for one foot outside thereof where the city or utility companies may be dig- ging ditches prior to the pro- posed surfacing, the city will re- quire that all backfilling and compaction of ditches shall be made in accordance with the Standard Specifications of the Iowa State Highway Commission Series of 1956, the work to be subject to the approval of the Iowa State Highway Commission. 5. The Council consents that dur- ing construction of this project, traffic may be detoured over the following described streets: Provided that the Iowa State Highway Commission will erect signs as necessary to direct traf- fic on said streets, and will re- move them when We detour is discontinued. It is understood that the Iowa State Highway Commission will not surface, maintain or provide access to properties abutting on or in the near vicinity of the street being constructed on this projeM. 8. Within 90 days after passing this resolution, the Council will by ordinance prohibit parking of any nature. A single line of parallel park- ing on both sides will be per- mitted from Sta. 0+00 to Sta. 69+511. No parking will be permitted for a distance of 35' from the back of the sidewalk of intersecting street approaches. 7. Within 90 days after passing this resolution, the Council will by ordinance establish access control under the provisions of Chapter 308A, Code of 1968 pro- hibiting ingress or egress to, from or across said faMlity to or from abutting lands, except at such designated points at which access may be permitted by the Iowa State Highway Commission, upon terms and conditions as may be specified from time to time. Presently existing access rights will not be destroyed ex- cept by purchase or appropri- ate condemnation proceedings thereof. However, such access rights shall be subject to such regulations in the interest of public welfare and safety as the City and Iowa State Highway Commission may agree upon, provided that no additional ac- cess ways shall be permitted by the City without the consent and approval of the Iowa State High- way Commission. The Council will also authorize the Iowa State Highway Commission to acquire right-of-way and access rights by purchase or condem- nation, as shown on the Plans for ProjeM Number FN-148, and more specifically described as follows: From Sta. Oi-00 to Sta. 69-i-50. The Council authorizes the High- way Commission to construct and preserve, within the limits of the righ-of-way, such physical barriers as the Highway Com- mission deems necessary to pro- hibit or eliminate unlawful means of access to, or use of, the highway facility by pedes- trian or vehicular traffic, or for any other purpose. Regular Session, February 1, 1960 95 8. The Council agrees with the Iowa State Highway Commission that the A. C. Resurfacing listed l as follows and as shown on the ;,.- project plans are a necessary : part of the improvement, that ~ said Commission shall include in ).;;; its construction contract the con- . ~ struMion of the A. C. Resurfac- f ing, and upon completion of the y ,,' work, pursuant to the provisions of Chapter 313, Code of Iowa 1958, the Council will reimburse the Commission for the actual j cost of the extra width resur- facing and incidental as shows by the project records of the Iowa State Highway Commis- sion. Resurfacing is proposed for from face to face of present A a curb, which is 44' F-F from E. ' F-F 20th St. to E. 24th St. and 40 from E. 24t4 St. to E. 32nd St. The Highway Commission agrees to pay for the center 24' and the - Council agrees to pay for the ad- i ~'- r ditional width. Estimate of Qusniities ~'~' Type "A" A.C. Surface Course Approx. 724 tons Type "A" A.C. Leveling Course tt Approx. 150 tons Type "A" A.C. Surface Patch- i ing Approx. 10 tons Prize and Tack Coat Approx. 939 gals. Sand Cover Approx. 34 tons Adjustment of Fixtures Approx. No. 102 Changes in storm sewer found necessary during construction ~r may increase or decrease the cost. The city shall reimburse the Highway Commission for the I actual cost except that reim- bursement shall be limited to a 20% increase over the contract ~„ price of the storm sewer. It is understood that the sewer referred to is a storm sewer and not a sanitary sewer and the Iowa State Highway Commis- sion shall have no future reapon- sibility for maintenance or op- eration of the same, and the City assumes and undertakes such responsibility including the res- ponsibility of providing by prop• ' er ordinance for the making of J,.. any necessary connection to said storm sewer and the prevention of its use as a sanitary sewer. 9. Upon completion of the Project, the Council agrees that- (a) Upon receipt from the High- way Commission of a list of driveways and entrances pro- vided for access under the above improvement specified as Project Number FN-148, said list will be recorded under a supplemental ordinance. (b) Signing affecting directional traffic movements will be ereM- ed, or changed only after ap- , proval is secured from the Highway Commission. (c) Speed limit signing erected on the part of highway included under the above project will specify respectively, 25 M.P.H. from Sta. 0-1-00 to Sta. 89-i-50. (d) Any changes in the physical features of the project or changes in speed limits agreed to under paragraph 9 (c) will be authorized only after approval has been secured from the High- way Commission. 10. The Council will notify by mail, all abutting property owners of the parking and access control restrictions that are being es- tablished on this section of Pri- mary Road Extension. Passed sad adopted this 1st day of February 1980. PETER J. TAKOS, Mayor I, Leo F. Frommelt, Clerk of City of Dubuque, Iowa, hereby cer- tify that the above Resolution was duly passed and adopted by the City of Dubuque, Iowa, on the 1st day of February, 1960 by the fol- lowing call of yeas and nays re- corded hereon. Yeas-Peter J. Takos, George A. Freund, Leo N. Sehueller, Louis Schaller, John P. Schreiber, Mem- bers of the Council. Nays-None. Absent or Not Voting-None. LEO F. FROMMELT City Clerk of Du- buque, Iowa Approved and Accepted: IOWA STATE HIGHWAY COMMISSION C. B. Anderson, Urban Engr. February 10, 1980. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councihnan Schaller. Carried by the following vote: 96 Regular Session, February 1, 1980 ' Regulaz Session, February 1, 1960 97 Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1960 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Pursuant to councR du•ectioa in 1957, the Mayor and Treasurer de- posited $30,000.00 in United States Treasury Notes with the Dubuque Bank and Trust Company in es- crow for the puropse of paring a like amount of Water Revenue Bonds, 1955 Series, maturing De- cember 1, 1959. These notes have now been used for the purpose for which they were deposited and nothing is left to be done. I therefore recommend that the Mayor and Treasurer be authorized to release the escrow. EDWARD M. TSCHIRGI, City Treasurer. CouncBman Freund moved that the recommendation of the City Treasurer be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Mrs. Jack (Helen) Schadle, in an unnamed amount far personal injuries re- ceived as the result of a fall on a defective sidewalk at 13th and Central Avenue oD January 4, 1980, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Ronald R. Pline in the amount of $80 for damage done to his home on Thom- as Place by blasting during the course of construction of the Thom- as Place sewer on Decemer 7, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation sad re- port. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Mrs. Roy (Nel- lie) Kaiser in an unnamed amount for personal injuries received in a fall in the crosswalk at 30th and Jackson Street on January 20, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Mrs. Helen T. Pfiffner in an unnamed amount for personal injuries received in a fall on an icy sidewalk at 1956 Central Avenue on January 19, 1980, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Lyle C. Dea- linger in the amount of $75 for personal injuries received in a fall by falling over a protruding water stop box at 603 E. 22nd street on January 8, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Notice of claim of Carl Lenz in the amount of $34.50 for damage to his car as the result of striking icy ruts is the intersection of Southern Avenue and Sullivan Street on January 18, 1960, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- ~' a! '' , r ~Y I i w 'q 4 9 r '- port. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. February 1, 1960. Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: At your direction I have investigated the claim of Claza Kass for injuries sustained in a fall on a defective walk May 1, 1958, near 249 East Eighth Avenue and find that the defect existed and a fall occurred. Mrs. Kass sustained a hip fra~- ture and as a result has incurred medical expense to date of $1,645.00. Because of the nature of the injury, Mrs. Ross probably will not be able to walk again. I have discussed the claim with the attorney for Mrs. Kass, and she has agreed to accept $3,300.00 in full settlement. I recommend that this claim be approved and that the Auditor be instructed to issue a warrant pay- able to Claza Kass and H. F. Rey- nolds, her attorney, fnd deliver the same upon receipt of a proper- ly executed release. Respectfully, T. H. NELSON. Mayor Takos moved that the recommendation of the City So- licitor be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing on proposal to dispose of real estate to consid- er an Ordinance providing for the vacation of Primrose Street from the east line of Davenport Street, easterly to the west line of Lot 2 of Lot 9 of G. R. West's Dubuque and for the conveyance of the City's interest therein, 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 Freund moved that the proof be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. ORDINANCE NO. 3.60 An Ordinance providing for the Vacation of Primrose Street from the west line of Davenport Street, easterly to the west line of Lot 2 of Lot 9 of "G. R. West's Dubuque" and far the Conveyance of the City's interest therein, said ordi- nance having passed on January 4, 1900, and placed on file for public inspection, presented for Final Adoption. ORDINANCE NO. a-ap An Ordinance Providing for the Vacation o[ 73/mroee Street from the east line of Davenyort Street, easterly to the went line of Lot E o[ Lo[ 9 of G.R. Weat'e Dubuque", and for the Conveyance of the City'e inter- ea[ [herein. Whereas, the Hgly Ghost Church, se owner of an of [he aDUtting s line of Lot 2 of Lot 9 Of "G.R. e" Dubuque: and areas the Planning and Zon- 'ommlealon hoe recommended vacation; and crane, petitioner hoe aubmlt- '.o the City Councn for ap- .I a plat of said Dortfon of street describing the came as: A of Mineral Lot 354 1n the V of Dubuque; and crane, Bald portion of sold hoe never been opened qr ,ved or used by the public; crane, the City Council, at a hearing held February 1, pursuant to notice pub 1eh- The Telegraph-Herald Newa- • Sanuary 8, 1980 and 7anu- 5, 1980, Dae determined that in the best pubnc interest said portion of Bald street be .ed and the Iatereet o1 the of Dubuque therein be con- I to Holy Ghost Church an corporation. as owner o~ the 98 Regular Session, February 1, 1960 County, Iowa, to Holy Ghost remnants of eatd lots would be of Church, an Iowa corporation; no value to the City; and '~ '! Sectfon 4. That the City Clerk Whereas Dubuque Packing Com- fe hereby directed to record a Deny has prepared and tiled a plat certified coDY o4 t61s Ordinance subdwtding some of the Iota in '~ In the of[ICe of the County Re- question, in accordance with the i corder of Dubuque County, proposed nght-of-way line of East da: Ions. Fourteenth Street Extenston, which Passed, adopted and approved plat is dated January 11, 1980; anti this let daY of February, A. D., Whereas the City Manager has 1980. recommenbed that said Ordinance PETER J. TAKOS No. 88-59 be amended so as to Mayor provide for the City acquiring only ~ OEOROE A. FREUND such portion of said lots as are , {~. LEO N. SCHUELLER required [or [he East Fourteenth LOUIS 9CHALLER Street Extension right-of-way; JOHN P. 9CHREIBER Councilmen NOW THEREFORE, BE IT OR- Attesb FROMMELT LEO F DAINED BY THE CITY COUN- . City Clerk C1L OF THE CITY OF UU- Published officially In the Tele- BU@UE: graph-Herald Newspaper this 6th Section t. That Section 9 of day oT FeDrvary, 1860. Ordinance No. 88-59 be and the Leo F, Frommelt, same is hereby repeated and the city Clerk. lt. B-5 following enacted in lieu thereof: Councilman Schuelier moved the '•segtion 4-Tnat the Mayor and h h b e adoption of the Ordinance. Sec- City Clerk be and t ey are ere y autnoriaea and amegtea to exe- onded b CarunCllman Freund, Y cute and deliver @uit Claim lleeas, titl it l i i ll i ht Carried by the following vote: e and qu m ng a r g , c a mtereat o[ the city of Dubuque, Yeas-MeyOr Takos, Councilmen in the following tots in tke City +~ % Freund, Schaller, S e h r e i b e r, of Dubuque, Iowa, to-wit Lot 5, Block 5, Railroad Addition; Schuelier Lot c, Blonk s, Railroad Addition: i . Westerly 8 feet of Lo[ X, East Nays-NQne. Dubuque Addition; ORDINANCE NO. 5.60 Weeterly 8 feet of Lot L, East Dubuque Addition; ~ ~.: Ordinance Amending Ordi- A LOt c, Riock 13Wxauel as waditio n Hance No. 68-59 by Repealing Sec- n Lot A, Block saaain ; W iaii ba 4 thereof and Frlaeting a Sub- li , la, i i a L t 9 10 11 d 12 i Bl k 6 on stitute therefor, presented and o , , , an n oc , Railroad Addition; r road and conveying the same to Du- ki D P C d d ` rr . Councilman Freund moved that uque ac ng ompany, an e- Uver seta deed upon receipt of a F the reading just had be considered warra.n[y deed of the Dubuque packing Company conveying to the i [he first reading of the Ordinance. city of Dubuque, Seconded by Councilman Schuelier. Lot z or Lot 508; Lot 1 of Lot 507; Lot 508; Lot 2 of Lot A-5; i Carried by the following vote: toe 628; Lot b30; Lot 1 of Lot 531; Yeah-Mayor Tek05, CeunCllmen Lo[ 2 of Lot 532; Lot 1 of Lot A-4; Lot 1 0[ Lot 584; Lot 585; Lots Schaller, S e h r e i b e r, Freund a 685 o A 8 o • , Lot f Lot 582, 583, 584, 685 86; Schaller. 587; and Lot 816; all in East Nays-None. Dubuque Addition No. 2, in the Councilman Freund moved that City oY Dubuque, Dubuque County, Iowa;•• the rules be suspended requiring section z.-That me city clerk an Ordinance to be read On three be and he is hereby directed t,. record a certified copy of [his Separate days. $eCORded by Cenn- Ordinance in the office of the f D b r Gilman Schuelier. Carried by the County Recorder o uque Coun u ty, mwa. following vote: Section 3.-This Ordinance shall Yeas-Ma or Takos, COURCllmen y be in full force and effect from and after its final passage, ad- I Schaller, S c h r e t b e r, Freund e na pnmieauon as DY taw pD o~ n , i e r Schleifer. Introduced the is[ day of Feb- Nays-None rpary, ]sso. . Rule requiring reading on three ORDINANCE No. 6-80 separate days suspended by un- An Ordinance Amending Ordi- animoua vote the 1st day of Feb- nance No. 86-59 by Repealing Sec- lion 4 thereof and Enacting aSub- ruary, 1980. Peened Dy recorded von oall vote, stitute therefor. adopted and approved [his 1e, 1980 day of February Whereas the City Manager has reported to the City Council that , . Peter J. Takos , Ordinance No. 88-59 authorised the MAYUR George A. Freuml conveyance o[ certain lots and por- [ions of iota [o Dubuque Packing Leo N. Schuelier I Company in exchange for other described in said Ordi- t Louis Schaller John P. Schreiber 11 proper y Hance and that it wsa the mean- Attest COUNCILMEN ing and intent of said Ordinance Leo F. Frommelt CITY CLDRK t that the City was to ac uire need- ed right-oP-way (or Fourteenth Published officially in the Tele- kF. {. Street Extension and that the pro- graph-Herald Newspaper this 5th F b 1960 E ~ posed right-ot-way Included onh~ e ruary . day oP - portlona oP oertatn lots described Leo F. Frommelt f in Bald Ordinance and that the lt. 2-5. City Clerk t. Regular Session, February 1, 1980 99 Councilman Freund moved the Mr. Hugh Porter addressed the adoption of the Ordinance. Sec- Council stating that they have no onded by Councilman Schuelier. outlet from Clara Court and could Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. ORDINANCE NO. 6.60 An Ordinance Vaeafing the alley between Lot 5 of Fairview Sub- division on the east and Lots 14 and 15 in Morgan's Subdivision on the west providing for the Con- veyance thereof, presented and read. Councilman Freund moved that the hearing just had be considered the first reading of the Ordinance. Seconded by Mayor Takes. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. Councilman Freund moved that the rules be waived requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Schuelier. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. Councilman Freund moved that a public hearing be held on the Ordi- nance on March 7, 1960, at 7:9(1 P.M., in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec• onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. - Petition of Joseph D. Gribben et al objecting to the proposed sur facing and curb and gutter of the balance of McClain Street, pre- sented and read. Councilman Freund moved that the rules be suspended in order to allow anyone present to address the Council if they so desire. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. not see the need for a new street at this time. Councilman Freund moved that the petititon be referred to the Council for further consideration. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. Petition of Thomas A. Church et al objecting to the proposed paving of Alpha Avenue, presented and Lead. Mr. Tom Church addressed the Council in behalf of the petition and requested that the surfacing be put off at least one year. Councilman Freund moved that the petition be referred to the Council for further consideration and to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. Petition of 0.J. Muir requesting delay of one or more years for the proposed surfacing of Dunleith Court, presented and read. Councilman Freund moved that the petition be referred to the Council for further consideration and to• view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. Petition of Mrs. Gertrude Wirz- bach requesting delay of the pro- posed surfacing of Dunleith Court until 1962, presented and read. Councilman Freund moved that the petition be referred to the Council for further consideration and to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelier. Nays-None. Petition of Milton M. Feller re- questing delay of the proposed sur- facing of Dunleith Court unti11961 ar 1962, presented and read. s 100 Regulaz Session, February 1, 1960 ' Regular Session, February 1, 1960 101 Councilman Freund moved that the petition be referred to the Council for further consideration and to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of E. W. Coffman re- questing delay of the proposed sur- facing of Dunleith Court for a year or two, presented and read. Councilman Freund moved that the petition be referred to the Council for further consideration and to view the grounds. Seconded by Councilman Schaller, Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Petition of Gus G. Siavelis et al objecting to the proposed paving of Lincoln Avenue from Shires Avenue to the end of the street, presented and read. Councilman Freund moved that the petition be referred to the Council for further consideration and to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Petition of Marjorie A. Pdreell et al objecting to the proposed construction of curb and gutter and surfacing of Austin Place, pre- sented and read. Councilman Freund moved that the petition be referred to the City Council for further consideration and to view the grounds. Seconded by Councilman Schuelfer. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Petition of Earl G. Thompson et al objecting to the proposed sur- facing of State Street, presented and read. Mr. Earl Thompson spoke in behalf of the petition by objecting to the proposed surfac- ing of State Street. Councilman Schueller move d that the proposed surfacing of State Street be deleted from the 1960 program. Seconded by Coun- cilman Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Petition of John A. Imhoff et al objecting to the proposed construc- tion of curb and gutter and sur- facing of W. 7th Street, presented and read. Councilman Freund moved that the proposed construction of W. 7th Street be deleted from the 1960 program. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Petition of Elaine J. McGhee et al requesting reconsideration of the proposed removal of an island from the east end of Cooper Place at the time of resurfacing of the street during 1960, presented and read. Councilman Schaller moved to leave the island as is. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schueller. Nays-None. Councilman Schreiber not vot- ing Petition of Ethilda Sassenrath et al objecting to the proposed re- surfacing of Keokuk Street, pre- sented and read. Councilman Schueller moved that the proposed resurfacing of Ke- okuk Street be deleted from the 1960 program. Seconded by Coun- cilman Schaller Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Mr. Arthur and Donald Hartman voiced their objections to the pro- posed surfacing of Woodlawn and Lindale Streets this year because of the excavaton problem. They were of the opinion that the pres- ent excavations in the streets should be allowed to settle more before surfacing. Councilman Freund moved that the Council view the grounds on all streets on the 1960 and 1961 program subject to call from the Engineering Department. Seconded • by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Petition of Retail Merchants Bu- reau requesting that consideration be given to making the Utility Ser- vice Associates a place to pay over- parking fines, which was believed would engender good public rela- tions as per resolution passed by their body, presented and read. Councilman Schreiber move d that the petition be referred to the ~ City Manager and City Solicitor. i Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Ccuncilmen Freund, Schaller, Schreiber , Schaller. Nays-None. Petition of the Eska Company, Inc., requesting that the time for construction of the factory and of- Tice building as provided in Sec- tion 2 of Resolution No. 116-59 be ' extended from July 1, 1960, to July t 1, 1963, presented and read. Councilman Freund moved that the petition be granted and refer same to the City Manager and City Solicitor to prepare proper pro- ceedings. Seconded by Councilman Schaller .Carried by the following vote: Yeas-Mayor Takos, Councilmen j Freund, Schaller, Schreiber , Schueller. s `' Nays-None. Petition of Daughters of Union Veterans of the Civil War, the Mary Agard Tent, requesting per- mission to hold tag days on June ' 10, 11 and 13, presented and read. " Councilman Freund moved that the petition be granted providing - theer are no conflicting dates. ~ Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , ~ Schuelfer. ' Nays-None. Petition of McCarten Plumbing , & Heating Co. requesting renewal privilege to excavate in the streets ° and alleys of the City, presented and read. Councilman Schueller moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of suspension of taxes by reason of old age and infirmity by George H. Brandt on the S',~z of Lot 162 in East Dubuque Addition, as submitted by the County Audi- tor, presented and read. Councilman Freund moved that the petition be referred to the City Manager. Seconded by Mayor Ta- kos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of James and Elizabeth Becker of 653 Kane Street request- ing to be reimbursed for the ground taken from their property during the improvement of Kane Street, presented and read. Mr. James Becker addressed the Coun- cil relative to his petition and claims that the City removed a strip of ground approximately five feet wide and sixty-eight feet long. Councilman Freund moved that the petitionbe referred to the City Manager. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of Arthur H. Oeth re- questing that in order to settle any question that might azise out of the ambiguous phraseology on the plat of Lot 1 of 8 of M. Wal- ter's Sub. as approved by the Plan- ning & Zoning Commission back in 1936 and further requesting that a quit claim deed be issued to him, presented and read. Mayor Takos moved that the petition be granted and that proper proceed- ings be prepared. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber Schueller. Nays-None. Petition of Kenline, Roedell, Hoffmann & Reynolds, on behaH 102 Regulaz Session, February 1, 1980 of their clients George Banworth and Bernard J. Udeihoven request- ing the Council to approve four plats recorded in 1957 on land in Table Mound Township to validate them because they were originally filed avoiding the requirements of Chapter 409 of the 1958 Code, pre- sented and read. Councilman Freund. moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Donald Collentine et al, owners of property adjacent to existing Highway No. 20 from 61-20 Club east into the City, requesting endorsement of the petition ob- jecting to the proposed divided four-lane construction of the high- way in the area, presented and read. Attorney Hal Reynolds, repre- senting a group of the property owners along the highway, ad- dressed the Council by stating that the Board of Supervisors went on record in support of the petition on January 29, 1960. If the area is annexed there is a possibility that it may become a city problem. The petitioners in the area are of the opinion that an undivided highway is best. Councilman Schueller moved that the petition be referred to the City Manager and requested the earliest possible meeting with the Engineers and the Board of Super- visors. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Alfred J. Meyer re- questing approval of the division of Lot 157 of L. H. Langworthy's Addition into Lots 1 and 2 further requesting that the presently pro- posed assessments for the improve- ment of Kane Street be apportion- ed as 56% againgt Lot 1 and 44% against Lot 2 of Lot 157 of L. H. Langworthy's Addition, presented and read. Councilman Freund moved that the request be ap• proved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of Dubuque County So- ciety for Crippled Children re- questing permission to rnnduct Lily Tag Days on April 9th and 11th presented and read. Council- man Freund moved that the peti- tion be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Hillcrest Builders Inc. submitted by O'Connor, Thomas, McDermott & Wright, requesting construction of an extension of the Catfish Creek Interceptor Sewer from Falk Sub. northwesterly a distance of 'approximately 2300' ending at a point lying about 320' northwesterly o f Pennsylvania Avenue to a point on the west line of the West 430' of Lot 2 of 2 of the SEya of SE'/a of Sec. 21, Twp. 89 N. 2E, presented and read. Mr. Marshall Thomas addressed the Council in behaH of the peti- tioner by stating that he was of the opinion that the granting of the petition would fall in line with proper planning for the entire area west of Dubuque. Hilicrest Sub• dividers are presently planning a subdivision to be called Key Knolls, which contains 535 build- ing lots. A petition is now being considered to have the area in- cluded in the City Limits. It would be a wise investment economically for the City of Dubuque. Councilman Freund moved that the petition be referred to the City Manager and Engineer to report back to the Council to resolve a policy. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilman Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Chris K. Koleas re- questing a $50 refund on the un- i`' ~: 1 ~+. e i 3 5 Regular Session, February 1, 1980 103 expired portion of cigarette license No. 145, as he has discontinued business, presented and read. Coun- cilman Freund moved that the re- fund be granted and the Auditor instructed to issue a warrant pay- able to Chris K. Koleaa in the amount of $50. to cover the amount due on the unexpired portion of cigarette license No. 145. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Proofs of Publication, certified to by the Publishers, of Notice of Levy of Special Assessment and Intention of the City Council to issue bonds for the construction of an 8" sanitary sewer in Collins Street, Hale Street and Weat Third Street beginning at the existing sanitary sewer in Lot 1 of Du- buque Homes Subdivision No. 2 [hence northerly across Dodge Street to the intersection of Lom- bard Street and Collins Street, thence easterly in Lombard Street to the easterly ten feet of Lot No. 64 of Quigley's Subdivision, thence northerly through Lot No's. 64, 1-19 and 20 all of Quigley's Subdivision to the center of Hale Street, thence easterly in Hale Street to Lot No. 30 of Westaby's Subdivision and westerly in Hale Street to the west- erly end of Hale Street, thence northerly through Lot No. 1 of 2 of Mineral Lot 156 to West Third Street, thence easterly to West Third Street to Lot No. 13 of Michels Subdivision, presented and read. Councilman Freund moved that the proofs of publication be received and filed. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen F r e v n d, Schaller, Schreiber, Schueller. Nays-None. Petition of Mrs. Mabel Kramer of 2230 W. Third Street objecting to her assesment for construction of the sewer on W. Third Street, presented and read. Councilman Schaller moved that the objection be overruled. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Meeting recessed at 11:10 p.m.- Reconvened at 11:25 p.m. Statement of City Clerk certify ing that the statements of account were mailed on January 11, 1960 and notice of levy of Assessments and Intention of the City Council to issue bonds to the property owners affected by the rnnstruc- tion of the Collins Street, Hale Street and W. Third Street 8" sani- Lary sewer, presented and read. Councilman Freund moved that the statement be received and filed. Seconded by Councilman Sch~el- ler. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Statement of James A. Schute, certifying that notices of Levy of Special Assessment and Intention of the City Council to issue bonds were posted along the line of im- provement of the Collins, Hale k W. Third Street Sanitary Sewer on January 19, 1960, presented and read. Councilman Freund moved that the statement be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 33fi0 SCHEDULE OF ASSESSMENTS COLLINS, HALE 8, WEST THIRD STREET SANITARY SEWER Resolved by the City Council of the City of Dubuque Iowa: That to pay for construction of an eight inch (8") sanitary sewer in Col- lins Street, Hale Street and West Third Street, beginning at the existing sanitary sewer in Lot 1 of Dubuque Homes Subdivision No. 2 thence northerly across Dodge street to the Intersection of Col- lins Street and St. Joseph Street, thence in Collins Street to the intersection of Lombard Street and Collins Street thence easterly in Lombard street to the easterly ten feet of Lot No. 64 of Quigley's Sub- division, thence northerly through 104 Regulaz Session, Lot No's 64, 1.19, and 20 all of Quigley's Subdivision to the center of Hale Street, thence easterly in Hale Street to Lot No. 10 of Westa- by's Subdivision and westerly in Hale Street to the westerly end of Hale Street thence northerly through Lot No. 1 of 2 of Mineral Lot 158 to West Third Street, thence easterly in West Third Street to Lot No. 13 of Michels Sub- division by SAFFRAN CONSTRUC- TION CO., contraMor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or pazcel of real estate, as set forth in the following schedule. University of Dubuque, All Steffens Place..........$ 471.82 University of Dubuque, Lot 1-2, Mineral Lot 156 3,301.34 Paul B. & Mary Schmid & Samuel dx Lois Pusateri, Lot 80, O'Neills Sub. No. 3 ........................................ 235.81 Paul B. & Mary Schmid & Samuel & Lois Pusateri, Lot 59, O'Neill's Sub. No. 3 ................................ 235.81 Paul B. & Mary Schmid & Samuel & Lois Pusateri, Lot 58, O'NeBI's Sub. No. 3 ................................ 285.81 Clifton & Joan A. Hun- toon, Lot 57, O'Neill's Sub. No, 3 .................... 235.81 Clifton & Joan A. Hun- toon, Lot 56, O'Neill's Sub. No. 3 ........................ 235.81 Herbert Dilworth, Lot 55, O'Neill's Sub. No. 3..... 235.81 Herbert Wilworth, Lot 54, O'Neili's Sub No. 3.... 235.81 Herbert Dilworth, Lot 53, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 52, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 51, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 50, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 49, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 48, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 47, O'Neill's Sub. No. 3.... 235.81 Herbert Dilworth, Lot 48, O'Neill's Sub. No. 3.... 188.37 February 1, 1980 John Conrad Jones, Lot 84, Quigley's Sub......... 591.88 Gilbert J. & Eunice L. Grippes, Lot 2-19, Quig- leY's Sub ........................ 365.51 Robert J. & Eliz. Allen, Lot 20, Quigley's Sub..... 415.03 Frank L. & Ida Redding, Lot 2-2-1-11, Westaby's Sub . .................................. 308.55 Duane D. & Shirley A. Deutmeyer, Lot 1-2-1-11, Westaby's Sub . .............. 312.68 Rose L. Gere, Lot 10, Wes- taby's Sub ....................... 235.81 Lucille E. & Jane Milson, Lot 16, Michel's Sub..... 290.05 John L. & Helen A. Rod- ham, Lot 17, Michel's Sub . .................................. 235.81 John L, k Helen A. Rod- ham, Lot 18, Michel's Sub . .................................. 235.81 Elmer S. do Dorothy Terry, Lot 19, Michel's Sub..... 235.81 Elmer S. & Dorothy Terry, Lot 20, Michel's Sub..... 235.81 Elmer S. dz Dorothy Terry, Lot 21, Michel's Sub..... 235.81 Mabel Kramer, Lot 15, Michel's Sub . ................ 114.80 Mabel Kramer, Lot 14, Michel's Sub . ................ 235.81 Mary Koerner, Lot 13, Michel's Sub . ............No Benefit University of Dubuque, Lot 18, Ann O'Hares Sub . .................................. 400.87 $11,890,51 172 Lin. Ft. 8" C.LP. @ $7.00 ................................ $1,204.00 1817.7 Lin. Ft. 8" V.T.P. (Standard) @ 3.00............ 4,853.10 520 Lia. Ft. 8" V.T.P. (Extra Strength) @ 3.00 1,580.00 29 No. of 8"x6"x2' Y Branches @ 10.00............ 290.00 122.75 Lin. Ft. Concrete Manhole Ht. in Ft. of Sidewall @ 20.00 ............ 2,455,00 15 No. of Concrete Man- hole Bases @ 10.00........ 150.00 15 No. of Manhole rings & covers @ 50.00 ................ 750.00 2 No. of Drop Manhole Ap• purtenances @50.00...... 100.00 120 Lin. Ft. Pipe jacked is place @ 50.00............ 8,000.00 130.5 tons, crushed rock street replacement @ 3.50 .................................. 485.75 Easements .......................... 869.00 ~; Y' a c s Y i a ' ~f¢ f Regular Session, 729 sq. yds. sod replace- ment @ 0.50 .................... 384.50 Extra Work ........................ 595.00 $19,458.35 Less City Cost 172 Lin. ft. 8" C.I.P. @ 7.00 .................................. 1, 204.00 57.3 Lin. ft. 8" V.T.P. (Standard) @ 3.00.......... 171.90 21.5 Lin. ft. Concrete man- holes Ht. in Ft. of Side- wall @ 20.00 .................... 430.00 3 No. of Concrete Manhole Bases @ 10.00 ............ 30.00 3 No. of Manhole rings & covers @50.00 ................ 150.00 120 Lin, Ft. Pipe jacked in Place @ 50.00 ................ 6,000:00 729 Sq. Yd. sol replace- ment @ 0.50 .................... 384.50 Extra Work ........................ 595.00 $8.945.40 Assessable Cost ........$10,510.95 10.5 Extra Expense.. 1,103.65 5% Interest 52 days.... 75.91 $11,690.51 All of which is assessed in pro- portion to special benefits con- ferred. Passed, adopted and approved this lat day of February, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELf.ER LOUIS S[!TTAT.T.F.T; JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. February 1, 1980 To the Honorable Mayor and City Council City of Dubuque, Iowa Gentlemen: Lot No. 10 of Westaby's Subdi- vision was assessed in the amount of $235.81 for the Collins, Hale, and West Third Street Sanitary Sewer. This Lot is served and was Februazy 1, 1980 105 assessed in 1930 for the West Du- buque Sanitary Sewer. I, Therefore, recommend that the City Auditor be instructed to issue a warrant in the amount of $235.81 to pay the assessment for Lot No. 10 of Westaby's Subdivi- sion. Very truly yours, /s/ L. J. SCHII.TZ, pty Manager Councilman Freund moved that the recommendation of City Man- ager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-NOne- Proofs of Publication, certified to by the Publishers, of Official Notice of public hearing to con- sider the proposal to authorize the issuance of sewer bonds to pay for the construction of the Collins, Hale and W. Third street sanitary sewer, presented and read. Council- man Schueller moved that the proofs of publication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 34.60 RESOLUTION PROVIDING FOR THE ISSUANCE OF SEWER BONDS FOA THE PURPOSE OF PROVIDING FOR THE PAYMENT OF THE ASSESSID COST OF COLLINS, HALE & WEST TAIItD STREET SANTTARY SEWER Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost and has determined that $11,690.51 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provld- 108 Regular Session, ing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been rnnsidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of an eight inch (8") sanitazy sewer in Collins Street, Hale Street and West Third Street beginning at the existing sanitary sewer in Lot 1 of Dubuque Homes Subdivision~No. 2 thence northerly across Dodge Street to the inter- section of Collins Street and St. Joseph Street, thence in Collins Street to the intersection of Lom- bard Street and Collins Street, thence easterly in Lombard Street to We easterly ten feet of Lot No. 64 of Quigley's Subdivision, thence northerly through Lot No's. 64, 1-19, and 20 all of Quigley's Subdivision to the center of Hale Street, thence easterly in Hale Street to Lot No. 10 of Westaby's Subdivision and westerly in Hale Street to the westerly end of Hale Street, thence northerly through Lot No, 1 of 2 of Mineral Lot 156 to West Third Street, thence east- erly in West Third Street to Lot No. 13 of Michel's Subdivision there shall be issued Sewer bonds in the amount of $11,890.51 Dol- lars in anticipation of the defer- red payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of March 2, 1960; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom- inations and for ;such maturity dates as are shown in the follow- ing table: Series No. 1, Bond No. 2950 and 2951, Denomination $500.00 each, Maturity April 1, 1981. Series No. 2, Bond No. 2952 and 2953, Denomination $500.00 each, Maturity April 1, 1982. Series No. 3, Bond No. 2954 and 2955, Denomination $500.00 each, Maturity April 1, 1983. Series No. 4, Bond No. 2958 and 2957, Denomination $500.00 each, Maturity April 1, 1964. February 1, 1980 Series No. 6, Bond No. 2958 and 2959, Denomination $500.00 each, Maturity April 1, 1965. Series No. 6, Bond No. 2980 and 2981, Denomination $500.00 each, Maturity April 1, 1968. Series No. 7, Bond No. 2982 and 2963, Denomination $500.00 each, Maturity April 1, 1967. Series No. 8, Bond No. 2984, 2965 and 2988, Denomination $500.00 each, Maturity April 1, 1985. Series No. 9, Bond No. 2987, 2988 and 2969, Denondnation $500.00 each, Maturity April 1, 1989. Series No. 10, Bond No. 2970, 2971 and 2972, Denomination $500.00 each, Maturity April 1, 1970. Series No. 10, Bond No. 2973, De- nomination $190.51, Maturity April 1, 1970. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No ......................... Series No ......................... CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of............ ~~ ................... or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the Citq of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 398 of the 1954 Regulaz Session, ~ Code of Iowa, as amended, and the Resolution of said City duly passed on the 1st day of February, 1960, being Resolution No. 34-80 the provisions of which are incorpor- ' ated by reference into this Bond. This Bond is one of a series of 24 bonds, 23 for $500.00 number- ed from 2950 to 2972, both inclu- sive, and one for $190.51 num- bered 2973, all of like tenor and date, and issued for the purpose of j constrvMing the Collins, Hale and I West Third Street Sanitary Sewer gg§~~~ as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien oa all of said property. It is payable only out of the Special Assessment Fund No. 1222 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the as- easement, collection and payment hereon of said special taz the full j faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by r its Mayor and countersigned by its City Clerk and the Seal of said 1 City to be thereto affixed, this 2nd day of March, 1960. Mayor City Clerk (SEAL) (Form of Coupon) (- Oa the ................day of .................... '~' ........, the City of Dubuque, Iowa, ~' promises to pay to the bearer, as provided in said bond, the sum of p^ ............................Dollars, in the of- fice of the City Treasurer in the City of Dubuque, being .................... February 1, 1960 107 months' interest due that date on its ........................Bond No................... dated ................................ .......................................................... Mayor .......................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the ' City Clerk be and he is hereby in- structed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the roamer provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1222 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regulaz United States Mail addres- sed to the last known address of the purchaser. Adopted this 1st day of Febru- ary, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Schueller. Nays-None. 108 Regular Session, February 1, 1960 Proofs of Publication, certified to by the Publishers, of Notice of Levy of Special Assessment and Intention of the City Council to issue bonds for the construction of an eight inch (8") sanitary sewer, Bid Section I, in Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence northerly in Southern Avenue to Lot No. 7 of Mineral Lot 24; and from the center line of Southern Avenue to the westerly end of Dunleith Street; and from the center line of Southern Avenue westerly through Lot No. 5 and Lot No. 8 of Jacobson Heights to Lot No. 5 of Jacobson Heights thence north- erly through Lots No. 1, 2, 3, 4 and 5 of Jacobson Heights to the north property line of Lot No. 1 of Jacobson Heights, presented and read. Mayor Takos moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of J. Allen Wallis Jr. et ux objecting to the proposed as- sessment against Lot 2 of Lot 1 of 1 of 2 of 1 of Faldorf's Place, action on said petition was de- ferred until the time of levy at the Council meeting of May 4, 1959, presented and read. Attor- ney Edward McDermott represent- ing J. Allen Wallis Jr. addressed the Council by asking them to view the grounds. Petition of Stella Roedell, by Clewell Cooney & Fuerste her at- torneys, objecting to the proposed plans, form of contract and cost of improvements, action on same was deferred and ordered held un- til time of levy by the Council at their meeting of May 4, 1959, and a second petition by Stella Roedell objecting to the proposed amount of levy against Lot 4 of M. L. 6 for the construction of the South- ern Avenue sewer, presented and read. Petition of Michael Koppes Es- tate, by Clewell, Cooney & Fuerste their attorneys, objecting to the proposed plans, form of contract and cost of improvements, action on same was deferred and ordered held until time of levy by the Council at their meeting of May 4, 1959, and a second petition by Mi- chael Koppes Estate objecting to the proposed amount of levy against M. L. 5A of Lot 1 of 1 of M. L. 5 for the construction of the Southern Avenue sewer, present- ed and read. In view of the objections filed against the proposed levy of the Southern Avenue Sanitary sewer Councilman Freund moved that the Council delay action on the levy untB they have an opportun- ity to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Statement of the City Clerk cer- tifying that statement of account were mailed and notices of levy of Assessments and Intention of the City Council to issue bonds were mailed on January 8, 1960, to the property owners affected by the construction of the Southern Avenue Sanitary Sewer, Bid Sec- tion I, presented and read. Coun- cilman Freund moved that the statement be received and filed. Seconded by Councilman Schrei- ber. Cazried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Statement of James A. Schute certifying that copies of Notices of Levy of Special Assessment and intention of the City Council to issue bonds were posted on Janu- ary 13, 1960, along the line of im- provement for the construction of an 8" sanitary sewer in Southern Avenue, Bid Section I, presented and read. Councilman Freund moved that the statement be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller Nays-None. Regular Session, February 1, 1960' 109 ';,~ February 1, 1960 To the Honorable Mayor . and City Council I. ~ City of Dubuque Dubuque, Iowa m;+' Gentlemen: Lot No. 2 of 2 of 1 of B of 1 of - ~ 1 of 1 of Mineral Lot 24 was as- ` sessed in the amount of $331.53 for the Southern Avenue Sanitary `; Sewer. The above named lot fronts on Dunleith Court, and when a ;~: home was built on this lot in 1954, the owner connected to the Grand- S ', view Avenue Sanitary Sewer with ~3 the understanding that they would not pay an assessment for a sewer on Dunleith Court, until such time that the home is connected to the ~ Dunleith Court Sewer. I, therefore, recommend that a warrant in the amount of $331.53 be issued from the Sanitation Fund and the assessment of Lot No. 2 of 2 of 1 of B of 1 of 1 of 1 of Mineral Lot 24 be paid by Lhe City, and that a copy of this leb ter be entered and recorded by the County Recorder for the pur- pose of establishing a connection charge to the Dunleith Court San- , itary Sewer for the amount of $331.53 to be paid to the City of Dubuque for the connection of LotNo.2of2oflofBoflofl i of 1 of 1 of Mineral Lot 24 to said sanitary sewer. f Very truly yours, /s/ L. J. SCHILTZ g City Manager Mayor Takos moved that the rec- ~ ommendation of the City Manager ? ~ be approved. Seconded by Council- . ~ man Schreiber. Carried by the fol- lowing vote: ;y Yeas -Mayor Takos, Council- ,~~ men Freund, Schaller, Schreiber, Schueller. ~ :,:~.;; Nays-None. Proofs of Publication, certified to by the Publishers, of Notice of Levy of Special Assessment and } a Intention of the City Council to issue bonds for the construction of . an eight inch (8") sanitary sewer c in Thomas Place from the exist- - ing manhole in Thomas Place op- posite Lot No. 1 of 48 of Dreibil- bies Addition northeasterly in ~? -'' Thomas Place to the East 109~fs' of Lot 1 of 1 of Mineral Lot 470, presented and read. Councilman Freund moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas - Mayor Takos, CouncB- men Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Arthur G. Hedley, in behalf of his mother, objeMing to the proposed sewer assessment against her property on Thomas Place, presented and read. Mayor Takos moved that the Council delay action on the levy until they have an opportunity to view the grounds. Seconded by Councilman Schreiber. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Statement of the City Clerk cer- tifying that statements of account and notice of levy and intention of the City Council to issue bonds were mailed on January 8, 1980, to the property owners affected by the construction of an 8" sanitary sewer in Thomas Place, presented and read. Councilman Freund moved that the statement be re ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Statement of James A. Schute certifying that notices of levy of special assessment and intention of the City Council to issue bonds were posted along the line of im- provement for the construction of the Thomas Place sanitary sewer on January 13, 1960, presented and read. Councilman Freund moved that the statement be re- ceived and filed. Seconded by CouncBman Schreiber. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 3460 Providing for the conveyance to Neil Lutes of the W'Fz of Lot 15 is Littleton & Sawyers Addition to 110 Regulaz Session, February 1, 1980 j ' Regulaz Session, February 1, 1980 111 correct error of omission in deed formerly given to him by resolu- tion No. 237-59, presented and read. Mayor Takos moved the ap- proval of the resolution and di- rected that a public hearing be held on the resolution at 7:30 P.M. in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelter. Nays-None. RESOLUTION NO. 35fi0 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 cigazettes and cigarette papers within said City. National Tea Company, 1313 Dodge Street Mrs. Helen Woodward, 1900 Wash- ington Street Mrs. Mildred Bauck, 2093 Wash- ington Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 1st day of February, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHAT.T.F.R JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adop tion of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Sehueller. Nays-None. RESOLUTION NO. 3660 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 Councii of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT William O'Neill, 55 Locust Street Mrs. Agnella L. Anthoine, 119 West Bth Street Mrs. Helen Woodward, 1900 Wash- ington Street Clarence J. Hagge, Jr., 1879-1881 Central Avenue Maurice H. Mellon, 1027 Rhomberg Avenue Carl E. Nagehnaker, 3203 Jackson Street Lawrence Schwartz, 500 Rhomberg Avenue Joseph P. and Bernice Hillazd, 431 Rhomberg Avenue Mrs. Mildred Bauck, 2093 Wsah- ington Street CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Boat Club, Inc., 2658 Lin- coln Avenue CLASS "C" PERMIT National Tea Company, 1313 Dodge Street Passed, adopted and approved this 1st day of February, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUET.T.FR LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adop- tion of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas =Mayor Takos, Council- men Freund, Schaller, Schreiber, Sehueller. Nays-None. RESOLUTION NO. 37fi0 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT ' William O'Neill, 55 Locust Street Mrs. Agnella L. Anthoine, 119 Weet 6th Street Mrs. Helen Woodward, 1900 Wash- ington Street Clarence J. Hagge, Jr., 1879-1881 Central Avenue Maurice H. Mellon, 1027 Rhomberg Avenua Carl E. Nagelmaker, 3203 Jackson Street i Lawrence Sehwaztz, 500 Rhomberg Avenue Joseph P. and Bernice Hillard, 431 Rhomberg Avenue Mrs. Mildred Bauck, 2093 Wash- ington Street r CLASS "B^ PERMIT FOR PRIVATE CLUB Dubuque Boat Club, Inc., 2658 LiR- coln Avenue t' CLASS "C" PERMIT National Tea Company, 1313 Dodge Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same aze here- by approved. Passed, adopted and approved this 1st day of February, 1980. j PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Y r. Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schuelter. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Sehueller. Nays-None. Mr. and Mrs. Harold Martin, Mr. and Mrs. Paul Schwendinger, Mrs. Eldon Vogt, Mrs. B. .i, Mills, Ed- mond J. Sasson, Mr. Farm, Val Plein, all residents of Kaufmann Avenue, addressed the Council relative to the need of a storm sewer in Kaufmann Avenue. After considerable discussion Council- man Schreiber moved that the Council authorize the Engineering Department to draw plans for the Kaufmann Avenue sewer project. Secended by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelter. Nays-None. Councilman Freund moved that Harold Sweet be appointed to the Recreation Commission to fill the unexpired term of Frank Fluckiger to 7-5.61. Seconded by Mayor Ta- kos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelter. Nays-None. Councilman Schuelter moved that a letter of rnmmendation be sent to retiring police chief Hugh Cal- lahan. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelter. Nays--None. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schuelter. Nays--None. LEO F. FROMMELT, City Clerk. Adopted Approved Councilmen Attest: City Clerk 112 Special Session, CITY COUNCIL (OFFICIAL) Special Session, February 16, 1980. Council met at 7:30 P. M. Present-Mayor Takos, Council• men Freund, Schaller, Schreiber, Schueller. City Manager Schiltz. Mayor Takos read the call and stated that this meeting is called for the purpose of levying special assessments against the real es- tate affected, to pay for the cost of Constructing the Thomas place and Southern Avenue, Bid Section I, sanitary sewers and aMing upon such other business as may prop- erly come before a regular meet- ing of the City Council. February 8, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Arthur G. Hed- ]ey on behalf of Mrs. Joseph Hed- ley, his mother, concerning the assessment of $705.33 for a sewer installed on Thomas Place was referred to the Council to view the grounds. Upon viewing the grounds, it was the decision of the Council that the valuation of this property should be the amount of $2000.00 thereby reducing the amount of the assessment to $500.00. I recommend that the decision of the Council be confirmed and ' that the balance of $205.33 be paid from the Sanitation~ewage Rental Fund. Respectfully submitted, L. J. SCHII.TZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 38b0 Schedule of Assessments Thomas Place Sanitary Sewer Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the construction of an February 15, 1980 eight inch (8") sanitary sewer in Thomas Place from the exisUag manhole in Thomas Place opposite Lot No. 1 of 48 of Dreibilbies Addi- tion northeasterly in Thomas Place to the East 109 54' of Lot 1 of 1 of Mineral Lot 470, by SAFFRAN CONSTRUCTION CO., contractor in front of and adjoining the same, a special tax be and is hereby lev- ied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the fol- lowing schedule. Catherine A. & Joseph R. Bauer, Lot 2-6, Mineral Lot 470 ..............................$554.19 Patricia Schnee, Lot 1.1-8, Mineral Lot 470 ................ 831.28 Joseph Hedley, Lot S.W.56'- 5, Mineral Lot 470 .......... 705.33 Edward P. & Julia C. Heus- er, Lot N.E. 31'-5, Mineral Lot 470 .............................. 37.79 Edward P. k Julia C. Heu- ser, Lot 4, Mineral Lot 470 ...................................... 529.00 Ralph & Lula Myers, Lot 23, Mineral Lot 470 ........ 307.32 Archie G. & Mary C. Thomp- son, Lot 1-1.3, Mineral Lot 470 ........................._... 341.33 Christina Susan Janzig, Lot 1-2, Mineral Lot 470 ......1,322.50 Geo. J. k Luella A. Seaz, E 10954'-1-1, Mineral Lot 470 ...................................... 718.87 Viola Curler, Lot W.5437, Hoopers Add .............No Benefit $5,345.41 736.3 lin. ft. 8" V.T.P. @ $5.00 ................................$3.881.50 9 no. of8"z6"x2'Y branches @ 10.00 ........ 90,00 14 lin. ft. Concrete man• holes ht. in ft. of side- wall @ 20.00 .................. 280.00 3 no. of concrete man- holes @ 50.00 ................ 150.00 3 no. of manhole rings & covers @ 50.00 .............. 150.00 1 no. of drop manhole ap• purtenaneea @50.00 .... 50.00 145 tons crushed stone, street replacement @ 3.00 .................................. 435.00 $4,838.50 Extra expense 9.8% .......... 473.98 5% interest-52 days ...... 34.93 $5,345.41 7 I f t r Special Session, ] All of which is assessed in pro- portion to the special benefits conferred. Passed, adopted and approved this 15th day of February 1980. PETER J. TAROS Mayor GEORGE A. FREUND LEO N. SC~~•r.Fu LOUIS SCIiAL JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Proofs of Publication, certified to by the Publishers, of Official Notice of public hearing to con• eider the proposal to authorize the issuance of sewer bonds to pay for the cost of constructing the Thom- as Place Sanitary Sewer, presented and read. Councilman Schaller moved that the proofs of publica- tion be received and filed. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. RESOLUTION NO. 390 Resolution providing for the is- suance of Sewer bonds for the purpose of providing for the pay- ment of the assessed cost of The Thomas Place Sanitary Sewer. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter deseribed~ has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $5,345.41 Dollars of the cost there of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provid- 'ebruary 15, 1980 113 ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE 1T RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of an eight inch (8") sanitary sewer in Thomas Place from the existing manhole in Thomas Place opposite Lot No. 1 of 48 of Dreibilbies Addition north- easterly in Thomas Place to the East 10954' of Lot 1 of 1 of Min- eral Lat 470 there shall be issued Sewer bonds in the amount of $5,345.41 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Sewer bonds; and shall bear the date of. Mazch 2, 1960; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomi- nations and for such maturity dates as are shown in the follow- ing table: Series No. 1, Bond No. 3023, De• nomination $3W.00, Maturity April 1, 1981. Series No. 2, Bond No. 3024, De- nomination $300.00, Maturity April 1, 1962. Series No. 3, Bond No. 3025, De- nomination $300.00, Maturity April 1, 1983. Series No. 4, Bond No. 3028 and 3027, Denomination $300.00 each, Maturity April 1, 1964. Series No. 5, Bond No. 3028 and 3029, Denomination $300.00 each, Maturity April 1, 1965. Series No. 8, Bond No. 3030 and 3031, Denomination $300.00 each, Maturity April 1, 1966. Series No. 7, Bond No. 3032 and 3033, Denomination $300.00 each, Maturity April 1, 1967. Series No. 8, Bond No. 3034 and 3035, Denomination $300.00 each, Maturity April 1, 1968. Series No, 9, Bond No. 3038 and 3037, Denomination $300.00 each, Maturity, April 1, 1969. Series No. 10, Bond No. 3038 and 3039, Denomination $300.00 each, Maturity April 1, 1970. 114 Special Session, Series No. 10, Bond No. 3040, Denomination $245.41, Maturity April 1, 1970. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually is ac- cordance with coupons therMo at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No ......................... Series No ......................... CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as here• inafter mentioned to the bearer hereof, on the first day of ................ ........, or at any time at the option of the Cit yof Dubuque, the sum of Three Hundred dollazs with in- terest thereon at the rate of 5 per cent per annum, payable semi-an- nually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Lowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 398of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 15th day of February, 1980, being Resolution No. 3980 for the provisions of which are incorpor- ated by reference into this Bond. This Bond is one of a series of 18 bonds, 17 fgor $300.00 number- ed from 3023 to 3039 both inclu- sive, and one for $245.41 numbered 3040 all of tenor and date, and is- sued for the purpose of construct- ing the Thomas Place Sanitary Sewer as described in said Resolu- tion, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all said property. It is pay- able only out of the Special As- 15, 1960 sessment Fund No. 1224 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque aze hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 16 day of March, 1980. Mayor City Clerk (SEAL) (Form of Coupon) On the............day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ............................Dollars, in the of- fice of the City Treasurer in the City of Dubuque, being .................... months' interest due that date on its ............................Bond No............... dated ............................. Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds Special Session, F ebruary 15, 1960 115 `s in the manner provided by law, the It is recommended that the de-. - proceeds of said sale to be placed cision of the Council be confirmed. in a special fund to be known as Respectfully submitted, E' Special Assessment Fund No. 1224 L. J. SCHII.TZ, ~: and paid out by him the cost of City Manager - said contract. Councilman Schueller moved 8. That the interest coupons at- that the recommendation of the tacked to the bonds be signed with City Manager be approved. Second- ' the facsimile signature of the May- ed by Mayor Takos. Carried by the or and countersigned with the fac- following vote: similie of the City Clerk. Yeas-Mayor Takos, Councilmen 9. That as fast as funds allow, Freund, Schaller, Schreiber, beginning with the second yeaz Schueller. after the payment of interest due, Nays-None. r the City Treasurer is duected to February 8, 1980 r call these bonds in the same order as numbered. To the Honorable Mayor 10. Notice of election to call and City Council Dubuque, Iowa these bonds shall be given by regu- lar United States Mail addressed Gentlemen: + to the last known address of the The petition of Anna Koppes, purchaser. Lloyd Koppes, Agnes Koppes Pil- lard and Irene Koppes Fay object- ' Adopted this 15th day of Febru- ing to the amount of the special 1960 assessment for the construction PETER J. TAKOS of a sanitary sewer in Southern y Mayor Avenue was referred to the City GEORGE A. FREUND Council to view the grounds. LEO N. SCHLm'r-r~FR LOUIS SCHAT.T,F.R Upon VIBWIng the grOUndS, It SCHREIBER JOHN P was the decision of the Council . Councilmen that the amount assessed against Attest: LEO F. FROMMELT, this property was not out of pro- City Clerk Portion to the benefits conferred Councilman Freund moved the upon the property and that the i adoption of the resolution. Second- valuation placed on the property ed by Councilman Schreiber. Caz- was proper. tied by the following vote• It is recommended that the de- '1 Yeas-Mayor Takos, Councilmen cision of the Council be confirmed. f Freund, Schaller, Schreiber, Respectfully submitted, Schueller. L. J. SCHII.TZ, Nays-None. City Manager February 8, 1980 Councilman Freund moved that To the Honorable Mayor the recommendation of the City and City Council Manager be confirmed. Seconded Dubuque, Iowa by Councilman Schueller. Carried Gentlemen: by the following vote: The petition of J. Allen Wallin Yoas-Mayor Takos, Councilmen ~~~ and Mazijane S. Wallis objecting to Freund, Schaller, Schreiber, ~= the amount of assessment against Schueller. Nays-None. Lot 2 of the Subdivision of Lot 1 of x 1 of 2 of 1 of Faldorf Place in the February 8, 1980 City of Dubuque for the construe- To the Honorable Mayor tion of the Southern Avenue sani- and City Council ~+ -` ~ tart' sewer was referred to the City Dubuque, Iowa ~ CouncII to view the grounds. Gentlemen: Upon reviewing the grounds, it The petition of Stella Roedell ~~ was the decision of the Council objecting to the special assessment that the assessed cost of this sewer on Lot 4 of Mineral Lot 6 in the ` was not out of proportion to the City of Dubuque for the construc- rl;:; : benefits received by the property lion of a sanitary sewer in South- .. and the evaluation placed on this ern Avenue was referred to the lot was proper. City Council to view the grounds. 118 Special Session, February 15, 1960 Upon viewing the grounds, it was determined by the Council that the amount assessed for this sewer was not out of proportion to the benefits derived to this proper- ty and the valuation set upon this property was proper. It is recommended that the deci- sion of the City Council be con- firmed. Respectfully submitted, L. J. SCHII.TZ, City Manager Mayor Takos moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 40b0 SCHEDULE OF ASSESSMENTS SOUTHERN AVENUE SANITARY SEWER BID SECTION 1. Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the construction of an eight inch (8") sanitary sewer, Bid Section I, in Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot B thence northerly in Southern Avenue to Lot No. 7 in Mineral Lot 24; and from the center line of Southern Avenue to the wester- ly end of Dunleith Street; and from the center line of Southern Avenue westerly through Lot No. 5 and Lot No. 6 of Jacobson Heights thence northerly through Lots No. 1, 2, 3, 4 and 5 of Jacobson Heights to the north property line of Lot No. 1 of Jacobson Heights by MC DON- NELL E%CAVATING SERVICE, Contractor in front of and adjoin- ing the same, a special tax be and is hereby levied on the sev- eral lots, and parts of lots, and parcels of real estate all as named, situated and owned, as for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: Milton & Louise Feller, Lot W'h-5, Dunleith Sub$ 131.65 Milton & Louise Feller, Lot 6, Dunleith Sub....... 263.30 Dorothy M. Taylor, Lot E ~/z 5, Dunleith Sub......... 131.65 Dorothy M. Taylor, Lot 4, Dunleith Sub ................... 263.30 Dorothy M. Taylor, Lot W 10'-3, Dunleith Sub....... 43.86 Edward R. & Anna Laury, Lot 7, Dunleith Sub..... 278.68 G. L. & Lois Muir, Lot W 40'-2, Dunleith Sub......... 175.54 Milton L. & Millicent Kapp, Lot E 20'-2, Dun- leith Sub ......................... 87.77 Milton L. & Millicent Kapp, Lot 1, Dunleith Sub . .................................. 283.93 G. L. & Lois Muir, Lot E 50'-3, Dunleith Sub....... 219.42 O. E. & Violet Griffith, Lot 2-8, Mineral Lot 24.. 280.86 Theodore & Mary Kallo- way, Lot 1-1-1-8, Mineral Lot 24 .............................. 223.81 Joseph L. & Edith Stack, Lot 1-2-1-8, Mineral Lot 24 ...................................... 223.81 Minna H. Lewis, Lot 1-1-9, Mineral Lot 24 ................ 280.86 George R. & Mary Huse- man, Mineral Lot 24 .... 219.42 Carl H. & Gladys Huse- man, Lot 2-9, Mineral Lot 24 ................................ 244.87 William J. & Elizabeth A. Swift, Lot 7, Mineral Lot 24 ...................................... 482.72 Evelyn Mary Oneyear, Lot 2, Mineral Lot 11 ............ 219.42 Minna H. Lewis, Lot 1-1-1, Mineral Lot 11 ................ 122.88 C. H. & G. M. Huseman, Lot 1-2-1-1, Mineral Lot 9 ........................................ 285.25 Rudolph P. & Bernice Huseman, Lot 2-2-1-1, Mineral Lot 9, Deficien- cy ...................................... 342.30 •J. C. Scully, Lot 2, Min- eral Lot 9, Val. 362.88 251.50• Herbert & Mary Katherine Bates, Lot 2-1, Mineral Lot 9 ................................ 285.25 Michael Koppes Est., Min- eral Lot 5A .................... B31.93 'Michael Koppes Est., Lot 1-1-Mineral Lot 5, Val. $1,480.61 ........................ 3,057.00• 'Stella Roedell, Lot 4, Min- eral Lot 6, Val. 2,338.48 2,282.50* •J. Allen Jr. & Marijane L. Wallis, Lot 2-1-1-2.1, Faldorf's Place, Val. 1,144.29 .......................... 2,000.00• Gertrude J. Wirzbach, Lot 2-2, J. V. Keppler Place 319.04 s ,` I j I •F i` I 1 y: Session, February 15, 1960 117 Mary E. Keppler, Lot 1.1-2, J. V. Keppler Place........ 219.42 James & Helen Keppler, Lot 2-1-2, J. V. Keppler Place ................................ 219.42 Ernest B. & Mary Huse- man, Lot 2-2-1A, Min- eral Lot 24 ...................... 242.24 WBliam A. & Margaret Kinsella, Lot 1, Jacob- sen Heights .................... 329.13 R. J. & Mary E. Cullen, Lot 2, Jacobsen Heights 324.74 James C. & Florence C. Martin, Lot 3, Jacobsen Heights ............................ 324.74 R. J. & Mary E. Cullen, Lot 4, Jacobsen Heights 324.74 R. J. & Mary E. Cullen, Lot 5, Jacobsen Heights 290.12 Sol & Phyllis Tabak, Lot 6, Jacobsen Heights .......... 357.35 R. J. & Mary E. Cullea, Lot 7, Jacobsen Heights 351.07 R. J. & Mary E. Cullen, Lot 8, Jacobsen Heights 351.07 Dale M. & Lucille Walsh, Lot 9, Jacobsen Heights 364.24 Evelyn Jacobsen, Etal, Lot 1-2~1-1-1-1-B-1-1-1, Min- eral Lot 24 ...................... 702.14 E. J. & Pearl Connelly, Lot 2-1-1-B-1-1-1, Mineral Lot 24 ...................................... 583.00 Eugene W. & Roberta Coffman, Lot 2-2-1-B-1-1- 1, Mineral Lot 24 ............ 331.53 Total Val.....$5,328.28 $18,947.47 $24,273.73 3,147.3 Lin. Ft. 8" V. T. Pipe @ $3.20 ................$10,071.38 54 No. of Y Branches 8"x6"x2' @ 5.00 .............. 270.00 120.7 Lin. Ft. Concrete Manholes Comp 1 e t e Height in feet of side- walls @ 18.00 .................. 1,931.20 14 No. of Concrete Man- holes, complete bases @ 30.00 ................................ 420.00 14 No. of Manholes, com- plete ring & cover @ 50.00 ................................ 700.00 418.3 Cu. Yds. Excavation solid rock @ 17.00 ........ 7,111.10 444.8 Tons crushed rock in place @ 2.75 .............. 1,223.20 $21,726.88 il°~ extra expense .... 2,389.85 5%-52 days .................... 156.92 $24,273.73 'Deficiencies to be paid by city. All of whic his assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 15th day of February 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND LEO N. SCmrFrrFu LOUIS SCHAr•i•>•'lt JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Proofs of Publication, certified to by the Publishers, of OFFICIAL NOTICE of public hearing to con- sider the proposal to authorize the issuance of sewer bonds to pay for the cost of construction of the Southern Avenue 8" sanitary sew- er, Bid Section I, presented and read. Councilman Freund moved that the proofs of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schueller. Freund, Schaller, Schreiber, Nays-None. RESOLUTION NO. 410 Resolution providing for the is- suance of Sewer bonds for the purpose of providing for the pay- ment of the assessed cost of the Southern Avenue Sanitary Sewer. Whereas the contract heretofore entered into by We City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $24,273.73 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City CouncB to issue bonds for the purpose of provid- 118 Special Session, February 15, 19t1O ing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of an eight inch (8") sanitary sewer, Bid Section 1, in Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence northerly in Southern Avenue to Lot No. 7 of Mineral Lot 24; and from the center line of Southern Avenue to the westerly end of Dunleith Street; and from the cen- ter line of Southern Avenue west- erly through Lot No. 5 and Lot No. 6 of Jacobson Heights to Lot No. 5 of Jacobson Heights thence northerly through Lots No. 1, 2, 3, 4 and 5 of Jacobson Heights to the north property Bne of Lot No. 1 of Jacobson Heights, there shall be issued Sewer bonds in the amount of $24,273.73 Dollars in anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of March 2, 1960; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomi- nations and for such maturity dates as are shown in the follow- ing table: 1-2974 to 2978 both inclusive- $500.00 each, April 1, 1961. 2-2979 to 2983 both inclusive- $500.00 each, April 1, 1962. 3-2984 to 2988 both inclusive- $500.00 each, April 1, 1963. 4-2989 to 2993 both inclusive- $500.00 each, April 1, 1964. 5-2994 to 2998 both inclusive- $500.00 each, April 1, 1965. 6-2999 to 3003 both inclusive- $500.00 each, April 1, 1966. 7-3004 to 3008 both inclusive- $500.00 each, April 1, 1967. 8--3009 to 3013 both inclusive- $500.00 each, April 1, 1968. 9-3014 to 3017 both inclusive- $500.00 each, April 1, 1969. 10-3018 to 3021 both inclusive- $500.00 each, April 1, 1970. 10-3022-$273.73, April 1, 1870. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the aplication of said special assessment funds. 5. Said bonsd shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No . ............ Series No. CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of ................................. or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- taehed. Both principal and interest of this bond are payable at the of- fice of the City Treasurer is the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 39B of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 15th day of Febru- ary, 1900, being Resolution No. 41- 00 the provisions of which are in- corporated by reference into this Bond. This Bond is one of a series of 49 bonds, 48 for $500.00 numbered from 2974 to 3021 both inclusive, and one for $273.73 numbered 3022, all of like tenor and date, and issued for the purpose of constructing the Southern Avenue Sanitary Sewer as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said im- provements and is made by law a Special Session, February 15, 19~ 119 , lien on all of said property. R is _ . payable only out of the Special Assessment Fund No. 1223 created by the collection of said special _ Lax, and said fund can be used ~ for no other purpose. '~` It is hereby certified and recited that all the acts, conditions and things required to be done, prece- ~ dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ~ -. maul hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Testimony Whereof the City r of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 16th day of March, 1900. t,, (SEAL) Mayor City Clerk (Form of Coupon) P On the ........ day of ......._.......... _ the City of Dubuque, Iowa, Prom- ises to pay to the bearer, as pro- vided in said bond, the sum of k ............... Dollars, in the office of the City Treasurer in the City of Dubuque, being ............ months' t~ interest due that date on its Bond No......... dated ........... ............................................. Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structde to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bonds in ~ a book kept for that purpose and to then deliver them to the City wr. Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed is a special fund to be known as Special Assessment Fund No. 1223 and paid out by him to pay the cost of said con- tract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk, 9. That as fast as funds allow, beginning with the sernnd year after the payment of interest due, the City Treasurer is duected to call these bonds in the same order as numbered. S0. Notice of election to call these bonds shall be given by reg- ulaz United States Mail addressed to the last known address of the purchaser. Adopted this 15th day of Feb- ruary, 1950. PETER J. TAKOS Hayor GEORGE A. FAEUND LEO N. SCHUF3S.ER LOUIS SCHALLER JOHN P. SC}DiF,TBER Councilmen Attest: LEO F. FROMMII.T City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schreiber. Caz- ried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of Boazd of Dock Commissioners recommending that the Council authorize the Mayor and Clerk to execute the approval of the City providing for an Indus- try track through the Flynn Ready Mix Concrete Co. Lease to the Dubuque Dock Company lease, to provide service to both tenants, presented and read. Councilman Schueller moved that the recom- mendation of the Dock Commis- sion be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas -Mayor Takos, CouncB- men Freund, Schaller, Schreiber, Schueller. Nays-None. 120 Special Session, February 15, 1980 Communication of National Riv- ers and Harbors Congress request- ing that official delegates from the City be appointed to be present at the 47th Annual National Con- vention to be held in Washington May 24th to 27th, presented and read. Councilman Schueller moved that the communication be re- ferred to the Council for consid- eration. Seconded by Mayor Takos. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of the American Insurance Group revoking the pow- er of attorney of Harvey M. Lange, -presented and read. Councilman Schaller moved that the communi- cation be received and filed. Sec- onded by Councilman Freund. Car ried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of Playground and Recreation Commission sub- mitting arequest by Bernard Ken• nedy of 476 Primrose Street for the purchase of a strip of ground 30' wide by 129.86' long abutting Kennedy's property, being a strip and -part of the ground recently purchased by the Commission from Norbert Freiburger, said Commission having no objection to the sale of the aforementioned strip of ground, presented and read. Councilman Schueller moved that the recommendation of the Recreation Comnilssion be ap- proved and that proper plat be prepared and that the real estate appraisal board be invited to set a price on the property. Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, .Schueller. Nays-None. Copy of resolution adopted by .the Chamber of Commerce in sup- port of Council action in what- ever decision is made regazding annexation, presented and read. Mayor Takos moved that the reso- lution be referred to the Council for discussion at a meeting set for February 29th. Seconded by Councilman Freund. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. February 10, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching a copy of the con- tract and specifications for Aerial Photographic and Photogrammetric Services between the Chicago Aer- ial Survey and the City of Dubuque which you authorized me to nego- tiate. Dubuque County has also en- tered into an agreement with the City of Dubuque for the payment of a portion of the work to be performed outside the City. I am also attaching a copy of this agree- ment. Respectfully submitted, L. J. SCHII.TZ City Manager Councilman Freund moved that the contract and agreement be re- ceived and made a matter of rec- ord. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. CONTRACT FOR AERIAL PHOTOGRAPHIC and PHOTOGRAMMETRIC SERVICES December, 1959 Between: City of Dubuque, Iowa and Chicago Aerial Survey Division of Chicago Aerial Industries, Inc. 70265 Franklin Avenue Franklin Park, Illinois CONTRACT PHOTOGRAPHIC and PHOTOGRAMMETRIC SERVICES This agreement is entered into between the City of Dubuque (Iowa) hereinafter called the City and Chicago Aerial Survey Divi- sion of Chicago Aerial Industries, Inc. (10265 Franklin Avenue, Franklin Park, Illinois) hereinaf- ter called the contractor. The services to be rendered and items delivered by the contractor Special Session, February 15, 1980 121 I. ;. and the costs to be borne by the City as well as other provisions are stated herein. The Contractor will perform these services in accord- ance with the specifications dated December 1, 1959 which are at- tached to and made a part of this contract and which more complete- !;t ly define and describe the services ~ ,~.. and the manner in which they shall be performed. Duration of this contract will be in 3 consecu- five years and in accordance with - the delivery schedule stated here- in: - The specific services and items I y to be delivered under this agree- l ment and costs thereof are as fol- lows and stated for each year: ~ A. FIRST YEAR r 1. Fly an area of approximately 33 square miles as delineated by the City on attached map, so as to obtain convention '. stereoscopic photographic cov- erage at a negative scale of one inch equals 1000 feet and provide 3 sets of stereoscopic coataM prints of the entire coverage, along with 8 copies of a photographic index and 2 pocket stereoscopes, cost in- eluded with item A-4, except 2 sets of contact prints which will be provided at $2.85 per Print. 2. Provide three sound sets of ~~- , Atlas sheets in the form of photographic enlazgements at a scale of 1'200' of the entire 33 square miles. Atlas sheets will have sufficienf overlap to insure continuity -per Atlas Sheet $8.75 each - 3. Provide one set positive trans- parancies of the entire 33 square miles in the form en- lazgements at a scale of 1" X00' suitable for diaze re- ;° ~-'~ production. Transpazancies will have suf- ficient overlap to insure con- { tinuity F -per enlargement $19.00 ea. .. , 4. Provide planimetric and topo- ~ graphic mapping of 18 square ' miles at a scale of 1"=200' ~ with 4' contours and 2' supple- ' mental contours; this azea generally described as being in ,y~ the rural periphery of the City, and described by section in the ,,~.. appendix of this contract. B. SECOND YEAR 1. Provide planimetric and topo- graphic mapping of approxi- mately 5 squaze miles at a scale of 1"-200' with 4' con- tours and 2'supplemental con- tours; this area generally des- cribed as urban and concentric inside the city limits. It is agreed that prior to December 1, 1960 the City Manager will, in letter form describe those sections to be mapped in this phase. per square mile $838.40 2. Provide planimetric and topo- graphic mapping of approxi- mately 7 square miles at a scale of 1"-200' with 4' con- tours and 2' supplemental con- tours; this area generally des- cribed as being in the rural periphery of the city. It is agreed that prior to December 1, 1960 the City Manager will, in letter form, describe those sections to be mapped in this phase. -per square mile $710.40 C. THIRD YEAR 1. Provide planimetric and topo- graphic mapping of approxi- mately 5 squaze miles at a scale of 1"-200' with a 4' con- tours; thi sazea generally des- cribed as the downtown and river front area. This phase will complete the mapping pro- ject of the City. It is agreed that prior to December 1, 1961 the City Manager will, in letter form, describe those sections to be mapped in this phase. -per square mile $857.60 D. DUPLICATE FINAL MAPS Additional copies of planimet- metric and topographic maps when ordered in writing by City Manager prior to prepaza- tioa of original maps will be Per sheet ........................$13.80 It is understood that planimet- ric mapping sheets cannot be duplicated at the above price after topographic features have been delineated on master manuscripts. It is agreed that the City may, or may not, elect to purchase this item. 122 Special Session, PERFORMANCE SCHEDULE ~'. The City understands that the mature of the service is such that weather conditions aze an inher- e. ent hazard which can hinder deliv- ~, cry of this project. However, the ~, rnntractor will make every effort to maintain the following delivery schedule: ITEM DELIVERY A-1 within 30 days of the date of contraM A-2 within 45 days of the date of contract A-3 within 45 days of the date of contraM A-4' within IZO days of the date of contraM &1 on or before March 1, 1961 B-2 on or before March 1, 1961 C-1 on or before March 1, 1962 'Partial delivery to begin within 75 days. OPTION NO. 1 It is further agreed that the City, at its option may, prior to December 1, 1960, choose to have services outlined in paragraphs B-1, B-2, and C-1 performed as a single project for the second yeaz period, thereby making this contract of 2 years duration. H the City exercises this option specific services and performance schedule and cost, thereof is as follows: SECOND YEAR 1. Provide planimetric and topo• graphic mapping of approxi- - mately 10 square miles at a scale of 1"-200' with a 4 foot rnntour interval with 2 foot supplementary contours; this area generally described as the City proper. This phase to complete the mapping project for the City -per square mile $819.20 2. Item B-2, unchanged 3. PERFORMANCE SCHEDULE, SECOND YEAR ITEM DELIVERY Option No. 1 on or before May 1, 2961 In consideration of the City en- tering into this agreement, the Contractor further agrees to pro- vide, on order from the City, with- in areasonable time, planimetric and topographic maps of any areas in Dubuque County which the con- February 15, 1960 tractor has made stereoscopic aerial photographs of, but which is not within the area described in A-1. The charge for such maps shall be 5851.20 per square mile aad the City's rights under this clause shall expire January 1, 1968. The contractor recognizes that excution of this contraM does not obligate the City to procure the additional services listed above, and that this contract leaves the City free to have the contractor perform photographic and photogrammetric services for the city above and beyond those stated herein, but only on written order of the City Manager at prices stated in the order. The contractor shall complete the services and deliver the items specified as scheduled, and thirty (30) days after said delivery the amount for each item shall be due and payable to the contractor from the General Fund, Street Fund, Water Department, or any other funds lawfully available. Upon complete payment of the prices and chazges herein provided, the maps and photographs pro- vided herein, shall become the property of the City of Dubuque and duplicates of the phanimetic or topographic maps shall not be furnished to anyone except on written order from the City Man- ager. Chicago Aerial Survey Division of Chicago Aerial Industries, Inc. Stephen M. Sickle, Manager of Sales k Marketing John H. Wolvin, Manager Feb. 4, 1960 City of Dubuque City of Dubuque, Iowa L. J. SCHILTZ, City Manager Date Feb. 9, 1960 APPENDIX TO CONTRACT FOR AERIAL PHOTOGRAMMETRIC SERVICES Following are Sections in consid- eration of this contraM as per Items A-1; A-2; A-3. No's 1 through 16 inclusive aze items in consideration of Item A-4, and priority of completion of Item A4 shall be in numerical order as listed below: All in Dubuque, North Iowa, Wisconsin, Illinois Quadrangle and Special Session, February 15, 1960 123 ~ Dubuque, South Iowa and Illinois Quadrangle. No. 1, Section 14, Range 2 East, Township 89N No. 2, Section 15, Range 2 East, Township 89N No. 3, Section 16, Range 2 East, Township 89N No. 4, Section 22, Range 2 East, Township 89N No. 5, Section 21, Range 2 East, Township 89N No. 6, Section 27, Range 2 East, Township 89N No. 7, Section 28, Range 2 East, Township 89N No. 8, Section 35, Range 2 East, Township 89N No. 9, Section 1, Range 2 East, Township 88N No. 10, Section 9, Range 2 East, Township 89N No. 11, Section 17, Range 2 East, Township 89N No. 12, Section 20, Range 2 East, Township 89N ~ No. 13, Section 34, Range 2 East, Township 89N No. 14, Section 12, Range 2 East, Township 88N No. 15, Section 11, Range 2 East, Township 88N t No. 16, Section 2, Range 2 East, Township 88N No. 17, Section 1, Partial Range 2 East, SeMion 89N - No. 18, Section 2, Range 2 East, ,l a Township 89N a No. 19, Section 12, Range 2 East, Township 89N No. 20, Section 10, Range 2 East, Township 89N No. 21, Section 11, Range 2 East, Township 89N No. 22, Section 13, Range 2 East, Township 89N No. 23, Section 23, Range 2 East, Township 89N ~ No. 24, Section 24, Range 2 East, h. - Township 89N No. 25, Section 25, Range 2 East, Township 89N No. 26, Section 26, Range 2 East, Township 89N }. No. 27, Section 38, Range 2 East, Township 89N No. 28, Section 6, Partial Range 3 East, Township 89N No. 29, Section 7, Partial Range 3 East, Township 89N tip'-~~ No. 30 Section 18, Partial Range T ownship 89N 3 East, No. 31, Section 17, Partial Range 3 East, Township 89N No. 32, Section 20, Partial Range 3 East, Township 89N No. 33, Section 19, Partial Range 3 East, Township 89N No. 34, Section 30, Partial Range 3 East, Township 89N No. 35, Section 31, Partial Range 3 East, Township 89N No. 36, Section 6, Partial Range 3 East, Township 88N No. 37, SeMion 5, Partial Range 3 East, Township 88N No. 38, Section 29, Partial Range 3 East, Township 89N No. 39, Section 33, Partial Range 3 East, Township 89N AGREEMENT This agreement entered into by and between City of Dubuque, Iowa, hereinafter referred to as City and Dubuque County, Iowa hereinafter referred to as County. WITNESSETH: Whereas City has entered into a contract for aerial survey of por- tions of Dubuque County as pro- vided for in the attached contract; and, whereas, the Board of Super- visors of Dubuque County has determined that said Contract is of benefit to County and that County should share in the cost thereof: NOW THEREFOR IT IS AGREED AS FOLLOWS: 1. County agrees to pay for the followin gitems at the times and prices set forth in the at- tached contract: Item A-1 One complete set of stereos- copic contact prints. A-2 One complete set of Atlas sheets. A-4 County will pay 7/16 the cost attributable to this item. B-1 No charge. B-2 Total contractors' charge for this item. C-1 No charge. 2. County will be provided, upon receipt of materials by the City from contractor, the fol- lowing materials under the fol- lowing items: Item A-1 One complete set of stereos- copic contact prints 2 indices 1 pocket stereoscope. A-2 One complete set of Atlas sheets. 12A Special Session, February 15, 1960 A9 One set of sepia prints of planimetoric and topographic maps. B-2 One set of sepia prints of planimetoric and topographic maps. City of Dubuque By L. J. SCHII,TZ, City Mgr. Dubuque County Iowa By JOHN G. TIGGES, Chairman of Board of Supervisors February 8, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The communication of Harold P. Meloy, County Auditor, asking con- currence of the City Council on the petition of George H. Brandt for suspension of the 1959 taxes on Lot 182, South ~,4, East Du- buque Addition, was referred to the City Manager for report. For the past several years this request has been granted because of age and infirmity and I recom- mend that the same be approved for 1959. Respectfully submitted, L. J. SCHII.TZ City Manager Mayor Takos moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Februazy 8, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Harold Meloy, County Auditor, asking concur- rence of the City of Dubuque on the sale of Lots 20, 21, 22, 27A, 2SA, 30A and 31A all in A. P. Woods Addition to Bruce T. Mul- grew for the sum of $76.00 was referred to the City Council to view the grounds. Upon viewing the grounds, it was the decision of the Council that they would be willing to concurr in the sale of these lots for the amount of taxes due on them not including interest, penalty and notice costs. This amount as re- ported by the County Auditor's of- fice is $120.46. It is recommended that the deci- sion of the Council be confirmed. Respectfully submitted, L. J. SCHII.TZ, City Manager Mayor Takos moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. February 9, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching a letter and an as- signment of account from the Du- buque Bank & Trust Company. This assignment is by the McDonnell Excavating Service in the amount of $21,726.86 for the Southern Av- enue sanitary sewer project, sec- tion 1. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Schaller moved that the City Manager be authorized to execute the assignment. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. February 3, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the annual reports of the City Auditor, City Treasurer and City Health Depart- ment for the fiscal year beginning January 1, 1959 and ending Decem- ber 31, 1959. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Schaller. Carried by the following vote: ~' ~ ; `~ Session, February 15, 1960 125 Yeas-Mayor Takos, Councilmen '~. Freund, Scha 1 1 e r, Schreiber, Schueller. Nays-None. February 11, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the City Council meeting of January 15th, the Council request- ed that I make a study of the use of the 5th Street parking lot. Tn making this survey, the tally was made for each meter in the lot over a two week period. The re- sults indicate that the north half of the lot and the portion of the lot closest to Bluff Street is used more frequently than the rear and south portion of the lot. The revenue per meter on the complete lot amounts to about $2.13 per meter per month. The revenue for the west one-haH of the lot amounts to about $1.00 per meter per month. During 1959, the revenue from all of our pazking lot meters amounted to $4.90 per meter per month. H meters were used to their maximum usage at the rate of .05c per hour, the total collections would amount to $11.70 per meter per month. I feel that the west half of this pazking lot would be used to a better advantage aad street pazk- ing in this area would be relieved if the rate was reduced to two hours for .05c. This would take caze of long time parkers in the lot and leave the front part of the lot available for a quicker turn- over. I believe that if this plan is fol- lowed, we would double the rev- enue from this off street parking facility and also relieve the street parking conditions. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilmen Freund moved that the recommendation of the City Manager be approved and that proper proceedings be prepazed. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. February 12, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The complaint of several local truckers relative to travel on Grandview Avenue was referred to the City Manager and City Council to check with three or four cities to see if we compare with our gross tonnage requirements and if any city issues special permits. I have received replies from Council Bluffs, Davenport, Madi- son, Wisconsin, Waterloo and Sioux City. All of these cities except the city of Waterloo have an ordin- ance regulating the movement of trucks through the City. They have designated truck routes upon which trucks must travel or have streets listed in the ordinance that re- strict truck travel except when making a delivery on these restrict- ed streets. The City of Madison is the only city that has a gross weight limit which is 6,000 pounds. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Schaller moved that the rules be suspended to allow anyone preesnt address the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Mr. Dick Henschel, representing the Home Builders, addressed the CouncR requesting an amendment to the ordinance restricting heavy trucks over Grandview Avenue to protect local truckers. He was of the opinion that they should be able to use Grandview Avenue Ex- tension at least. Councilman Freund moved that the matter be referred to the City Manager and Police Chief for a joint meeting with the affected parties. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. 126 Special Session, Februazy 15, 1980 February 11, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Because of numerous com- plaints and requests that an investi- gation be made concerning the movement of traffic at the inter- section of Asbury and University Avenue, I have had the Police De- partment survey the conditions and make recommendations. At the present time traffic is re- quired to stop which is southbound on Asbury Street and also east- bound on University Avenue. A situation exists where drivers southbound on Asbury enter the intersection, there is no danger from eastbound University Avenue traffic, but there is a constant danger to drivers westbound on University with southbound As- bury traffic proceeding into the path of westbound University traf- fis. This situation leads to con- siderable confusion during the hours of heavy traffic and it is felt that the painting of lanes or the installation of "yield" signs would not be effeMive. It is recommended that a stop sign be erected in such a manner as to stop westbound University Avenue traffic at Asbury. II this recommendation is approved it will mean that all traffic entering this intersection would be required to halt before proceeding through the intersection. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Schaller moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. February 15, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, subject to the approval of the City Solicit- or: HEATING Dubuque Sheet Metal Company, National Surety Corporation Lavern Ney, D/B/A Mid-Central Heating Company, Western Surety Company TELEVISION CABLE Jerrold Electronics Corp., et al Philadelphia, Pa., Policy No. XP 311960 The Fidelity and Casualty Co. Respectfuliy submitted, L. J. SCHII.TZ, City Manager Councilman Schueller moved that the bonds and policies be ap- proved for filing subject to the approval of the City Solicitor. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. February 15, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: A request has been made to pro- vide two hour parking in the 900 block on White Street to provide a buffer between the metered area and the area which has no restric- tions. Upon investigation it was found that this block is taken up mostly by all day packers. It was felt that with business establishments in this block which needed a parking turnover, that parking should be restricted. It is recommended that a two hour parking zone be provided on both sides of White Street from 9th Street to 10th Street. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Freund moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. is J .. i i ,M~ 4 i I ;. ~. L. V Special Session, February 15, 1980 127 February 15, 1980 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Police Department has recommended that no pazking be permitted on both sides of East 15th Street and East 16th Street from Sycamore Street east a dis- tance of 950 feet. At the present time no pazking signs are placed along both streets because of ad- jacent parking lots. I recommend that no parking be permitted on East 15th and East 16th Street from Sycamore Street east a distance of 950 feet. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. February 12, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The lot description of the fol- lowing named lot, owned by George Saffran, was recorded in error in the County Auditor's records, therefore, it is listed wrong on the City of Dubuque 1959 Concrete Curb and Gutter Project No. 1, Sec- tion III. Lot is listed as: Owner Description George Saffran, Lot 1-1-1-1.1-2 of Willy Place should be listed as follows: Owner Description George Saffran, Lot 1-1-1 of Willy Place It is requested that your Honor- able Body grant the City Clerk per- mission to correct the final sched- ule of assessment. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Freund moved that permission be granted to the Clerk to make proper correction. Second• ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. February 15, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Re: Extension of Trunk Line Sanitary Sewers Upon your instructions, an in- vestigation of the extension of trunk line sanitary sewers to serve areas within the existing city limits and the proposed annexation areas was conducted by the City En- gineering Department. The pur- pose of this study was to determine the general overall requirements of the areas and to establish a basis for city participation in the con- struction of the sanitary sewers. A survey was conducted among some of the lazger cities of the state to find what policies or order of construction that they partici- pate in for the construction of san- itary sewers to areas similar to our problem. The results of the survey are as follows: CEDAR RAPIDS, IOWA The City of Cedar Rapids has a loose policy at the present time with the hopes of establishing a more concrete one in the near future. Their policy is primarily as follows: 1. The city pays for the difference in size for any sewer constructed which is larger than eight inches (8") in diameter. 2. They determine each case In- dividually and on its own merit. 3. Tn a few cases they construct the sewer to the edge of the proper- ty in question and the owner con- tinues on the basis as listed un- der Item No. 1. 4. Another case or example of their policy is that owner A constructs a sewer through owner B's prolr arty to serve a subdivision pro- posed by owner A, but at this time owner B is not planning a subdivision. The City partici- pates as outlined in Item No. 1 and helps protect owner A by establishing a c o n s t r u c t i o n charge to be effective upon own- 128 Special Session, February 15, 1980 er B at the time his property is subdivided for the cost of the entire sewer through owner B's property based on an eight inch (8") sewer. 5. They serve no area outside of the city limits. DAVENPORT, IOWA The City of Davenport has the present policy of extending main sewers financed by a revenuebond issue with a set rnnnection charge for all homes connecting to the sewer. Another factor of their policy was to assess the sewers on "drainage area bases" with a con- nection charge added upon connec- tion to the sewer. They haven't had too many cases recently to es- tablish any set procedure for ex- pansion. WATERLOO, IOWA The City of Waterloo pays for all major sewer extension by General Obligation Bonds with conneMion charges only assessed to existing homes or buildings. They do not have any policy but they would like to establish one similaz to our existing situation and connection charges for "private sewers". OTTUMWA, IOWA The City of Ottumwa has a sim- ilar policy as Cedaz Rapids with the city participating in the cost of any sewer lazger than eight inches in diameter; establishing a ', connection charge through unused '~~ property; paying for the city's share from the Sanitation Funds; and handling each case individual- ly. Also the City of Ottumwa will not extend a sewer outside of the city limits. The results of the survey of other cities indicate that the prob- lem is widespread and without a general solution to govern all cases which may arise. It is evident by combining the City of Dubuque's situation with conditions in other cities, that a partial solution for the problem be as follows: 1. All areas to be served by sewer or water shall be within the city limits or a petition for annexa- tion must have been submitted before sewer may be connected to city systems. 2. City should consider each exten- sion separately and analyze its use against the construction costs and recoverable costs. 3. Interceptor sewers are to be con- structed by the City at city ex- pense except where portions located on street can be assessed or connection chazges establish- ed. Connection charges are to be paid to City when connection is made and on basis of the cost for an eight inch (8") sewer. 4. Trunk lines are to be constructed by those desiring extension with the City paying for difference in costs between an 8" and a larger size sewer as the need is deter- mined by the City Engineer. 5. Where necessary to construct a sewer through agricultural or undeveloped property to serve a new subdivision, the subdivider shall construct the sewer with the City paying the diffeernce between an eight inch (8") and larger size sewer. The subdivider will certify his cost to the City Council for the section through the undeveloped property. This amount will be paid by the own- er of the undeveloped property to the original subdivider before a plat would be approved subdi- viding the undeveloped property. If easements on behalf of the City cannot be obtained by the subdivider the City shall obtain the easements and the cost of them shall be added to the sewer cost of the subdivider and paid by him. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that action be deferred until the regu- ]ar Council meeting of March 7th. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. February 8, 1980 Honorable Mayor and Members of the City Council. Gentlemen: I have examined the claim of Mrs. Helen Schadee, 2365 Univer- sity for injuries sustained in a fall on a public sidewalk January 4, Special Session, 1960 and can find no negligence on the part of the City and recom- mend the claim be denied. Respectfully ~ T. H. NELSON ~' Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Scheuller. Nays-None. Notice of claim of Arthur F. -fi Studier, in an un-named amount, for damageto his property as the result of a rubbish truck driving over his lawn on January 8, 1960, presented and read. Councilman Freund moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schreiber. Cazried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber. Nays-None. I Notice of claim of Irvin C. Engler in the amount of $15.00, for damage to his car as the result of striking icy ruts in the street at the corner of Jones & Terminal streets on February 8, 1960, pre- sented and read. Councilman Freund moved that the claim be 1 referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried (. ,.`_ by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Notice of claim of Leo J. Lynch, is the amount of $41.34 for damage to his caz as the result of striking a hole in the street at Dodge & Main on February 1, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilnam Schreiber. Carried by the follow• ing Vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. _ Nays-None. r Notice of claim of Chazles H. f Knapp, in an un-named amount, for personal injuries in a fall in February 15, 1960 129 the alley in the rear of Walsh stores on December 22, 1959, pre- sented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. ORDINANCE NO. 7.60 An Ordinance accepting the Con- veyance of Lot 11 in Block 1 of "Henschel's Highlands Subdivi- sion" in the City of Dubuque, Du- buque County, Iowa, and widening Kelly Lane to include the same, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor. Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ORDINANCE NO. 7.60. An Ordinance Accepting the Conveyance of Lot 11 in Block 1 of Henachel's Highlands Sub- division" in the City of Dubuque, Dubuque County, Iowa, and wid- ening Kelly Lane fo include the same. WHEREAS, Richard C. Hen- schel and Mildred L. Henschel have tendered to the City of Du- buque, their conveyance of Lot 11 In Block I of "Henechel's Highlands Subdivision" In the City of Dubuque, Dubuque County Iowa, for the purpose of widening Kelly Lane; NOW, THEREFORE, BE IT ORDAINED BY THE C I T Y COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the conveyance 01 Richard C. Henschel and Mil- dred L. Henschel, his wife, by Warranty Deed, to the City of Dubuque o1 Lot 11 in Black 1 of Hensche]'s Highlands Subdivi- sion" is the City o[ Dubuque, Du- buque County Iowa, Se hereby ac- cepted; Section 2. That Kelly Lane be and the same la hereby widened and extended to Include Lot 11 in 130 be and tton Special Session, February 15, 1980 of Henechel's Highlands m as a public street in of Dubuque. S. That the City Clerk ie is hereby ordered and to record a certified copy ordinance In the office of ty Recorder of Dubuque This Ordinance shall force and effect from its final passage, adop- publication as by law That [he ~d the 16th day of Street from Maln Street to Locust Street. Section 2. This Ordinance shall be in full force and effect from and after its final passage adop- tion and yubllcatlon ae ~y law provided. Introduced the 15th day of Feb- ruary, 1960. Rule requiring reading on three separate days suspended by unanl- moue vote the 15th day of Febru. ary, 1960. Passed by recorded roll call vote, adopted and approved ihle 16th day of February, 1960. PETER J. TAK03 Mayor OEOROE A FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. BCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Published o[Itclally in The Tele- graph-Herald newspaper thta 19th day o[ February 1960. LEO F. FROMMELT City Clerk lt. 2-19 Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. Rule requiring reading on three separate daY9 suspended by unanimous vote the 16th day of February, 1960. Passed by recorded roll call vote, adopted and approved this 15th day of February, 1980. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. BCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Published oP[lcially in The Tele- graph-Herald newspaper thl9 19th day of February 1960. LEO F. FROMMELT, It. 2-19 City Clerk. Councilman Freund moved the adoption of the Ordinance. Second- ed by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. ORDINANCE NO. 8.60 An Ordinance Amending Ordin- ance No. 7-47 by Repealing Section No. 7.4.10 and enacting a substitute therefor, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-JNayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. ORDINANCE NO. 8-60 An ordinance amendsnngg Ordin- ance No. 1-47 by Resyealing Sec- tion No. 7.4.10 and enacting asub- etitute therefor. Be It Ordained by the Clty Council o[ the City of Dubuque, Iowa: ORDINANCE NO. R60 Authorizing the execution of a Quit Claim Deed to Arthur H. Oeth releasing adQ right in the triangle parcel of land lying east of Lot 8 of M. Walter's Addition and desig- nated Proposed Street Develop- ment on the original plat reserving the right for sanitary sewer, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• climes Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. I *~ ~~ ~( .~i ~~ i ..'4 Session, February 15, 1960 131 ORDINANCE No. 9-80 whereas, upon the plat of "M. N'altets Addition" there appears a triangular parcel of land lying immediately east of Lot 8 of said addition and designated "Proposed Street Developmont"; and, Whereas, queetion has arisen whether the City of Dubnquc has acquired interest m said r e a l estate through sash designation: nd, Whereas, in order to remove such cloud from his title, Arthur H. Oeth, as owner of such tract has pets tinned the City Council for o qmt claim dyed releasing any claim of Lhe City thereto; and, Whereas, the City Council has determined that Che City of Du- buque does not have any interest in or use for said tract except for the samtaty sewer easement there- in n-hich appears on subsequently recorded plat of said paroel; NOw THEREFORE BE IT RE- SOLVED BY THF. CITY COUN- CIL OF THE CITY OF DU- BUQUE: 1. That the Mayor and City C:erk be and they are hereby ao- thori8ed and directed to execute and deliver the quit claim deed of the City of Dubuque to Arthu: II. Oeth releasing all right, Cite and interest in the City of Dn- bvque in the triangle parcel o~. "Yropoaed Street llevelopment" on the original plat of said Additior. but reserving to the City of llu- bugve an easement for sanitary sewer as the same appears upon the subsequently recorded plat oY paid parcel. That the City Cleek ba and he ie hereby authoriaod and directed to record a certified copy of [his IIesolution in the office of the County Recorder. Passed adopted and approved February 15, 1960. PETER 7. TAKOS Mayor Councilmen GEORGE A. FRF.UND LEO. N. SCHUELLER LOUIS SCHALLER JOHN P. S'CHREIBER A freer: Lao F. Frommelt City Clerk Published officially m the Tele- graph-Herald newspaper this 19th day of February 1960. Leo E. Frommelt, City Clerk 1t. z-ls Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ORDINANCE NO. 10.60 An Ordinance vacating the east- erly 8 feet of Heeb Street from the north line of West Seventeenth Street northerly a distance of 36 feet, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Ceuncilman Shereib- er. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on the three separate days. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Councilman Freund moved that a public hearing be held on the Ordinance on April 4, 1960 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of William E. Claiborne requesting a $50. refund on the un- expired portion of cigarette license No. 276, as he discontinued busi- ness on December 24, 1959, pre- sented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a warrant payable to Wil- liam E. Claiborne, in the amount of $50.00 to cover the amount due on the unexpired portion of cigaz- ette licence No. 276. Seconded by Councilman Schueller. Cazried by the fallowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Mrs. Louise Pitz re- questing a $25. refund on the un- expired portion of cigazette license No. 48, as she has discontinued business on February 2, 1960, pre- sented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a warrant payable to Mrs. Louise Pitz, in the amount of $25. to cover the amount due on the un- expired portion of cigarette license No. 48. Seconded by Councilman 132 Special Session, February 15, 1960 Special Session, February 15, 1960 133 Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Clarence Walke re- questing a $25. refund on the un- expired portion of cigarette license No. 231, as he has discontinued business on February 1, 1960, pre- sented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a warrant payable to Clar- ence Walke, in the amount of $25.00, to cover the amount due on the unexpired portion of cigarette license No. 213. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Fred Frary request- ing a $25. refund on the unexpired portion of cigarette License No. 103, as he has discontinued busi- ness on February 13, 1960, present- ed and read. Councilman Freund moved that the refund be granted and the Auditor instructed to is- sue a warrant payable to Fred Frary, in the amount of $25.00, to cover the amount due on the un- expired portion of cigarette license No. 103. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilman ~ Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Fred Frary request- ing a $100. refund on the unex- pired portion of Class B beer per- mit No. 106 as he has discontinued business on February 13, 1960, pre- sented and read. Councilman Freund moved that the refund be granted and the Auditor in- struced to issue a warrant pay- able to Fred Frary, in the amount of $100., to cover the amount due on the unexpired portion of Class B beer permit No. 106. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of George Kehl et al, 13 other signers, objecting to the pro- posed widening and re-surfacing of Saunders Street, presented and read. Councilman Schueller moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of George Kehl and wife 'I objecting to the proposed improve- ment of Saunders street, presented and read. Councilman Schueller moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of William Hilvers et al, 51 signers, requesting that im. provement of Saunders street be retained in the 1960 improvement program, presented and read. Councilman Schueller moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Mr. George Kehl and Russell Kerth addressed the Council by voicing their objection to the im- provement of Saunders Street. Mr. Cletus Koppen, M. Langkamp and Jerry Pickel, all residents of Oak- crest Drive and I-Hllcrest, were in favor of the improvement as Saun- ders street is the only access road to Church and School toward Cen- tral Avenue. Petition of Dubuque Packing Company requesting consideration to find a solution for the surface water that flows down 17th street after a heavy rainfall prior to the construction of a large addition to their plant to the rear of the existing building on and over 17th street, presented and read. Mr. Archie Kuehn & Irwin Oeth, representatives of the Dubuque Packing Company addressed the Council in behalf of the petition. Councilman Freund moved that the petition be set down for con- sideration at a meeting of the Council scheduled for February 29th. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Donald D. Feltes et al, a group of workers from the Barrett Division, objecting to the spilling of acid in the street as the result of breaking car batteries at the junk yard to the rear of the plant, presented and read. Council- man Schaller moved that the peti- lion be referred to the City Man- f• ager for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. 4 ~~i Petition of James E. Keppler objecting to the proposed surfacing of Dunleith Court for at least an- other year, presented and read. Councilman Freund moved that the petition be referred to other peti- tions on the same street and that the Council view the grounds. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Dubuque Baseball Inc. requesting permission to hold a parade on April 30th, presented and read. Councilman Schueller moved that the petition be granted. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Myron E. Vance re- questing permission to connect to the sewer in Pleasant street, pre- sented and read. Councilman Schueller moved that the petition be granted. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Petition of Donald J. Schute objecting to the proposed improve- ment of Greenfield Street, present- ed and read. Councilman Schreiber moved that the petition be referred to the other petitions relative to the 1960 improvement program and that the Council view the grounds. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. February 12, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: In accordance with the provi- sions of Section 391.63 of the Code of Iowa, I herewith submit a plan of division of my property known as Lot 1 of 1 of lA of Wood Addi- tion into the following lots: Lot 2 of 1 of 1 of lA Wood Addition Lot 1 of 1 of 1 of 1 of lA Wood Addition Lot 2 of 1 of 1 of 1 of lA Wood Addition I request that this plan of divi- sion be approved and that the Mayor and City Clerk be author- ized to endorse the approval of the City. I further request that the City Clerk, City Treasurer and County Auditor be authorized and notified to apportion the assessments pres- ently levied against Lot 1 of 1 of lA of Wood Addition for the im- provement of Glen Oak Street with concrete curb and gutter and bitu- minous concrete paving as follows: Concrete curb and gutter AssmT. Lot 2-1-1-1A Wood Addi- tion ..................................$1,154.19 Lot 1-1-1-1-IA Wood Addi- tion .................................... 196.70 Lot 2-1-1-1-SA Wood Addi- tion .................................. 13.79 $1,364.68 Bituminous concrete paving Lot 2-1-1-1A Wood Addi- tion ..................................$1,584.10 Lot 1-1-1-1-1A Wood Addi- tion .................................. 269.97 Lot 2-1-1-1-1A Wood Addi- tion .................................... 18.93 $1,873.00 134 Special Session, The above assessment propor bons are according to the City En '~. gineer's Office, Dubuque, Iowa Respectfully submitted ~. MORRIS M. SLUM Councilman Schaller moved than the petition be referred to the City Solicitor to have proper proceed ings prepared. Seconded by Coun Gilman Freund. Carried by the fol~ lowing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber,. Schueller. Nays-None. Councilman Schueller moved that a resolution be drawn up and sent to the bereaved family of Thos. J. Hill, in appreciation of his long and faithful service to the City. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Council recessed at 10:35 P.M. -Reconvened at 10:50 P.M. A two hour discussion followed as to what procedure should be considered as the result of the Conflict of interest investigation. The Council seemed to be in agree- ment that the investigation reveal- ed no criminal practices on the part of the City Manager or any other employees of the City. Mayor Takos asked if you can condone the City Manager also being a mem- ber of the Schutz Development Company. It was definitely reveal- ed and agreed that City Manager Schiltz has not violated any ]aw by being a member of the land development Company. Mayor Tak- os, Councilmen Schaller and Schreiber were of the opinion that it was morally wrong for the Man- ager to hold both jobs, one as City Manager and the other as a member of the Schiltz Development Company. In the opinion of the majority of the Council it seemed to resolve itself as to being a ques- tion of athits. Councilman Freund read the following statement and asked that same be made a matter of record. This council has, at a great 1'ength, heard the testimony of many persons in an effort to deter- mine whether or not there has 15, 1960 been a conflict of interest on the part of the City Manager and other city officials and employes. Our conclusion must be based solely on facts presented in the Council Chamber, ,not on the basis of hearsay, phone calls, let- ters or telegrams received before, during or after the investigation. The proceedings were conducted according to a set of rules with which I did not agree at the time of adoption, and with which I still do not agree. What transpired has tended to besmirch the reputations of able public servants, has hamp- ered the operations of our city government, has impaired the posi- tion of the community in the eyes of outsiders, and has even reflected on the members of this council. It has been my contention from the start that the affidavits which Mayor Takos read at the December 7th meeting be the first order of business. Had this been done, much unnecessary time, effort and money could have been saved. The affidavits were duds. They fell apart completely on examination of the signers. While they were voluntarily given, they were solic- ited. The only reason given for signing the affidavits was that Mr. Takos had so requested. For what reason the affiants apparently did not know or care. At the start of the investigation, Mayor Takos pointed out that, in addition to the affidavits, there were three other reasons for the hearing: 1. contradictory statements at the December 7th council meeting 2. the City Manager's admilssion that he was part of the Schiltz Land Development Co. 3. the Ken Court problem Much of the testimony heard on these points was purely opinion and based on nothing factual. The following are the important facts which were presented and substan- tiated during the five day hearing; 1. City Manager Schiltz had cleared with the City Solicitor before be- coming part of the Schiltz Land Development Co. (Val. I, p. 20 and verified Vol. II, p. 46) d. Under Iowa law, conflict of in- terest concerns "sale of mater- ials, labor and supplies (Vol. II, p. 48) Special Session, 1 ( 3. Under Dubuque ordinances, the 1 city and all subdividers are part- ners in development (Vol. II, p. 46 and verified by William Reilly Vol. IV, p. 40) 4. Mr. Holz was concerned only with the escrow money (Vol. III, p. 72 and verified by Mr. Nelson Vol. II, p. 54-55 and Mr. Hauber Vol. IV, p. 60) 5. Mr. Petsche had no complaint (Vol. IV, p. 3) 0. Mr. Seeker's chief concern is further negotiation to achieve ', abetter price for his land (Vol. III, P. 17) 7. Mr. Reilly had no option on the Mozena property until after the November 24 meeting of the Planning and Zoning Commis- sion (Vol. IV, p. 28) r S. Former Mayor Kintzinger testi- fied there was "never any ques- tion in my mind about" the City Manager's integrity (Vol. V, p. 30) 10. Mr. Baker of the Clover Hills ~ development, largest in the city at the present, testified to no undue pressures, but rather a leaning over backwards to help (Vol. VIII, p. 24) 3 As the hearing progressed, and particularly after examination of the affiants, it seemed that access to the Mozena property was the point at issue, ...even though the Council had agreed we were not looking for a solution to the Ken Court problem in the investigation. This very fact could set a pre- cedent for those not happy with a decision of the Planning and Zon- ~ ing Commission to demand a sim- ilar hearing. There were some gripes during ~ the hearing which I would consider legitimate. As a result, I feel it imperative at this time to point ~ out that an additional few mo- ments of explanation at the time of disagreement or misunderstanding would do much to keep harmony between city employes and their ~ bosses, .the general public. A ' courteous treatment and full ex- planation are musts. This investigation, however, was concerned with conflict of interest. The ideal, of course, is for any ~~, public servant to have no other interests. This is not always pos- sible or even practical. A conflict 15, 1960 135 of interests could be alleged in my vote for new downtown street lights since I operate a retail busi- ness. Aconflict might be alleged in Mr. Takos' work for a certain utility company since we regulate their rates. Or a conflict might be alleged if Mr. Schaller were to move persons connected with a new industry to Dubuque since he might have had advance informa- tion. In fact, this issue could be carried to the ridiculous, ... so far that none of us would be free of conflict because we are taxpay- ers and we don't want taxes raised. Further, we must recognize that the growth of our city has been brought about by the unselfish ser- vice of interested and qualified citizens on our board and commis- sions. Standards could be so rigid for this service that only those in the poor house would be eligible. We must also remember that public officials have always been and probably will be targets for un- founded or deliberately distorted charges. When charges cannot be substantiated publicly, the officials must be promptly cleared. Mayor Takos stated early in the first session of this investigation "There is nothing that has specif- ically been charged because there is nothing that you can pertinently put your finger to." (Vol. I, p. 16) H that was true at the start, and I agree it was, then the testimony taken in this council chamber only served to emphasize the Mayor's statement. Therefore, after due considera- tion of all the facts in the light of Iowa's conflict of interest statute, it is my opinion that the allega- tions against the City Manager and other city officials and em- ployees have not been substanti- ated. There has been no proof of any material conflict of interest. However, I feel that the City Manager and the City Solicitor were remiss in not making full public disclosure of their associa- tions with the Schiltz Land Devel- opment Company in 1957. This was known prior to the investigation, but not at the time of the forma- tion of the company. In view of what I have stated, it is my hope that this council will 136 Special Session, February 15, 1960 proceed with utmost speed to clear the air, to banish the clouds of suspicion which hover over our city, and join with all citizens to bring back unity to the community. References are to volumes and pages of the official transcript.. . GEORGE FREUND It was decided to hold a special meeting the next day in the hope of disposing of the proceedings of the conflict of interest, however no decision was reached as to what form the decision would take. There being no further business Councilman Freund moved that the meeting adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. LEO F. FROMMELT, City Clerk. Adopted ...................:..............1960 Approved ................................1960 Councilmen 3 ..................................... Attest City Clerk Special Session, February 16, 1960 137 CITY COUNCIL ' °` (OFFICIAL) Special Session, February 16, 1960 Council met at 4:15 P.M. Present-Mayor Takos, Councilmen Freund, S c h a 11 a r, Schreiber, ' Schueller. City Manager Schiltz. Mayor Takos read the call and stated that service thereof had i - been duly made and that this meeting is called for the purpose 1 to resolve a finding from the con- ' flict of interest investigation. Mayor Takos requested an indi- ct cation from the Council if they would be ready to make a vote or decision. Mayor Takos stated that he called Attorney General Erbe * r on the conflict of interest question. He was informed that evidently there is no conflict of interest in a ` legal sense, but there could pos- sibly be an ethical conflict. The . ' Attorney General further inform- ed Mayor Takos that if no decision is reached the evidence could be presented to the County Attorney. @ Councilman Freund was of the `-' opinion that the proceedings d ; showed no conflict of interest and that there was nothing of an illegal nature. The question then was ask- ed just "What is an ethical con- ~ flict?" Councilman Schueller mov- +~ 4 ed that the Council hold a five ~ minute recess. Seconded by Coun- 1 Gilman Freund. Vote was as fol- . lows: Yeas -Councilmen, Freund, Schueller. ~ Nays-Mayor Takos, Councilmen Schaller, Schreiber. Motion failed to carry. _ The suggestion was made to Mr. L. J. Schiltz as to a compromise to possibly avoid dismissal. Mr. Schiltz stated that he does not compromise and that he never has. City Attorney Nelson stated in his ~ own defense that the could not see how the interest of the City and a subdivider could be adverse to each other. To him the two inter- .. ests were of a parallel nature. City Manager Schiltz stated regardless of what action was taken on him he thought it unfair to consider dismissal of Tom Nelson because of the tremendous job done for the - City by Mr. Nelson. Mayor Takos presented the fol- lowing resolution: RESOLUTION NO. 42.60 Resolution on Report of Investi- gation and Findings with reference to Certain City officials. Whereas, the City Council has heretofore conducted an investiga- tion as provided in Resolution No. 31-60, 1960, City of Dubuque; and Whereas, the City Council has determined that in fairness to all parties a formal report of the findings of the City Council shall be made; and Whereas, the City Council has found that no evidence was intro- duced to prove the use of improper influence, criminal conflict of in- terest, or any criminal acts on the pazt of any city employee or ap- pointee; and Whereas, the City Council has determined that there is an ethical question to be considered in re- viewing the acts of such city of- ficials who receive the public trust and confidence: NOW, THEREFORE BE TT RE- SOLVED BY THE CTTY COUNCIL OF THE CITY OF DUBUQUE: Section 7. That City Manager Lavern Schiltz in acting as the agent of, and partner in, the Schiltz Development Company, has placed himself in a position which sub- jects him to conflicting duties and that Mr. Schiltz made no disclos- ure of these outside interests prior to public inquiry and that the Council finds that Mr. Schiltz is disabled in the performance of his official duties and hereby dis- charges Mr. Lavern Schiltz from his position as City Manager of the City of Dubuque; Effect Feb. 22, 1960, plus accumulated leave. Section 2. That Solicitor Thomas H. Nelson in acting as attorney for the Schiltz Development Company has placed himself in a position which subjects him to conflicting duties and that he cooperated with the City Manager in not dis- closing outside interests and that the City Council finds that Mr. Nelson is disabled in the perfor- mance of his official duties and hereby discharges Mr. Thomas H. Nelson from his position as City Solicitor of the City of Dubuque; Effect Feb. 22, 1960. 138 Special Session, February 16, 1960 Sxtion 3. That Mr. J. H. Schiltz in his service as a member of the Dubuque Planning and Zoning Commission has taken no action which is not consistent with, and proper to, his offiical position and that the City Council finds no ir- regularities in Mr. J. H. Schiltz's conduct as a member of such com- mission. As Amended-Feb. 16, 1960. PETER J. TAKOS, Mayor LOUIS SCHALLER JOHN P. SCHREIBER, Councilmen. Attest: LEO F. FROMMELT, City Clerk. Mayor Takos moved the adoption of the resolution as amended. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Schaller, Schreiber. Nays -Councilmen Freund, Schueller. The chair recognized and read a telegram sent by Mrs. Harriet But- ler stating that Mr. Schiltz had not shown favors to anyone and has never heard that Mr. Laverne Schiltz had done anything wrong. Councilman Freund moved that the rules be suspended to allow anyone present address the Coun- cil if they so desire. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Attorney Louis Fautsch address- ed the Council by objecting to the fact that the evidence was not turned over to the County Attor- ney. He further objected to the ab- sence of the court reporters for taking of testimony in the last two sessions and also tape record- ings. Mr. Laverne Schiltz, his client, was deprived of his consti- tutional rights, his right of cross examination and his right to be presumed innocent until proven guilty beyond all reasonable doubt. He further stated that his client has not received a fair hearing un- der the resolution. He stated that the hearing would be appealed and asked the Council to inform him of any amendatory action or resolu- tion. There being no further business Councilman Schaller moved to ad- journ. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. LEO F. FROMMELT, City Clerk. APProved ................................1960 Adopted ..................................1960 Couneilmen Attest City Clerk f i I h , k• i Special Session, February 29, 1960 139 CITY COUNCIL (OFFICIAL) Special Session, February 19, 1960. Council met at 7:30 P.M. Present-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Mayor Takos read the call and stated that service thereof had been duly made and that this meet- ing is called to consider the propo- sition of Highway No. 20 improve- ~i ment and discussing action for securing a new City Manager and City Solicitor. Communication of Sheridan & Sheridan attorneys, requesting on behalf of the people of Center Grove, to remove Center Grove from the immediate annexation program presently under study, presented and read. Councilman Schueller moved that the communi- cation be referred to the meeting scheduled for February 29th. Sec- onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. The proposed plan of entry into the City of Highway No. 20 from the west as previously submitted by the Highway Commission was opened for discussion and hearing. The plan has been waiting for the joint approval of the Board of Supervisors and the City Council. Councilman Freund 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 Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Mrs. M. L. Harwood of 390 N. Grandview, Leonard Smith of Cen- ter Grove and Wayne Ohmert of 2595 Dodge addressed the Council by being in disagreement with the plan as to limited access crossroad from the City limits to the end of the recently completed four lane part of the highway. Councilman Schaller moved ap- proval of the plans as submitted by the Highway Commission. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Councilman Freund moved that the pedestrian overpass at Algona Street be included in the Highway letting. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Attorney E. Marshall Thomas addressed the Council in behalf of the Hillcrest Investment Inc. relative to the sewer extension be- yond the City Limits to a proposed new subdivision to be called "Key Knolls". The new area is presently outside the City Limits. Hillcrest Builders aze presently considering making application to annex the area. The first part of Key Knolls would consist of 180 building lots. Mr. Thomas was of the opinion that it would be a wise move on the part of the City to extend the sewer and have the area annexed which would mean an in- crease to tax askings. It also would be the beginning of the extension of the sewer, which must eventual- ly come, to service a much further area westward, which seems to be the way the City is expanding at the present time. The Council granted tentative approval. The Council recessed at 9:45 P.M. -Reconvened at 10:30 P.M. Councilman Freund moved that Leo F. Frommelt be appointed act- ing City Manager and that his bond be set at $5,000 to be paid for by the City. Seconded by Coun- cilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. Friday, February 26, 1960 was the deadline set for receiving ap- plications for a new City Solicitor. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman i Schaller. Carried by the follow- ing vote: 140 Special Session, February 19, 1960 Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. LEO F. FROMMELT, City Clerk. Approved ................................1960 Adopted ..................................1980 Councilmen: Attest ........__.. ..........._._... City Clerk 1`!! w u,' wY ! '( { j e t h =~: R a; G S. , r+ , ~' i '. ~ ; a; .'t Session February 29, 1980 141 CITYI COUNCIL ~i Special Session February 29, 1960. Council met at 7:30 P.M. Present-Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Acting City Manager Frommelt. Mayor Takos read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of appointing a City Solicitor and considering proposed annexation and acting on any other business that may properly come before a regular meeting of the City Coun- cil. RESOLUTION NO. 43--60 A Resolution providim~ for the appointment of a City Solicitor providing his salary and fixing The bond. Be It Resolved by the City Coun- cil of the City of Dubuque: That R. N. Russo be appointed City Solicitor of the City of Du- buque, commencing March 1, 1960, subject however, to the right of the Council to declare such office vacant or remove him therefrom at the pleasure of the Council with or without cause, and that he shall furnish bond in the amount of $1,000.00. Be It Further Resolved that the salary of the City Solicitor shall be fixed on the basis of $8,540.00 per annum, plus a clerical allowance of $980.00 per annum. Passed, adopted and approved this 29th day of February, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND, LEO N. SCIH1Fr.r.FR, LOUIS SCHALLER, JOHN P. SCHREIIfER, Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- Fer. Nays-None. Communication of Board of Edu- cation praying for a systematic and orderly expansion of the city's boundaries, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication submitting copy of resolution adopted by the Cham- ber of Commerce offering their services and support to the Coun- cil in whatever decision they make regarding annexation, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication submitting copy of resolution adopted by the Re- tail Merchants Bureau going on record as favoring annexation for the orderly development of the City, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of the Dubuque Real Estate Board favoring annexa- tion presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of Mrs. Irvin Nie- haus ,as president of the Dubuque P.T.A. Council favoring annexa- tion, presented and read. Councilman Freund moved that the communication be received and 142 Special Session February 29, 1960 filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of the Home Builders Association of Dubuque favoring the annexation program of the City regarding immediate adjacent lands, presented and read. Councilman Freund moved that the communication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of Dubuquo Jun- ior Chamber of Commerce endors- ing annexation for the continued orderly growth and development of the City, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councll- man Schueller. Carried by the fol- lowing vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of D u b u q u e Chamber of Commerce, Manufac- turers & Wholesalers Bureau, en- dorsing annexation, presented and read. Councilman Freund moved that the communication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Communication of William G. Trimpler and William J. Herrig of Center Grove endorsing annexa- tion, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Communication of St. Philo- mena's Church of Asbury request- ing annexation to the City of their new school property, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Communications of Carl M. Bur- kart of Center Grove, objecting to the proposed annexation of Center Grove, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Councilman Schueller moved that the rules be suspended to allow anyone present to address the Council if they so. desire. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Communication of Sheridan & Sheridan, attorneys for certain in- terests in the Center Grove area, requesting the removal of Center Grove from the immediate annexa- tion program presently under stu- dy, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of Leo Frenex et al, ob- jecting to the annexation of the villages of Key West, Rockdale, and the adjoining territory because of the incapability of the City being able to furnish substantial munici- pal services and benefits, pre sented and read. Councilman Freund moved that the petition be received and filed. Communication of R. F. Sefzik, the proposed annexation of the Special Session February 29, 1960 143 requesting permission to speak on Center Grove area, presented and read. , Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Attorney Charles Kintzinger ad- dressed the Council as a represen- tative of the Manternach interests, owners of 40 acres of land off Peru Road, stating that his clients are in favor of annexation. He also stated that an area one-quarter mile west should also be included. William Schmitt talking for St. Philomena's School to be located in Section 18 at Asbury stated that the Parish is definitely far annexa- tion. b Dan Mihal asked about the avail- ability of utilities to Section 18 if same could be supplied in a matter of two years. Asked for taxation on a sliding scale basis. Mr. Gene Wright, attorney, be- ing amember of the Metropolitan Expansion Committee of the Cham- ber of Commerce, stated that an- nexation has become an immediate problem. The available building sites are presently limited. Annexa- tion should be on a broad plan to take care of the needs during the ` next ten years. Mr. R. F. Sefzik addressed the i Council objecting to the proposed annexation of the Center Grove area for various reasons mentioned several times before. I Attorney Arthur Sheridan stated that the people that are for the annexation of the Center Grave ar- ~ ea represent only about one per- cent of the land owners. The area is not opposed to annexation but they are opposed to the present ": ~ program being considered. t-- Mr. Lloyd Hayes of Key West in presenting a petition of objectors from Key West and Rockdale thought that the City would not be able to furnish the necessary mu- nicipal services. ,4, s. Mr. Ostert of 125 Nicollet Street r ~.: was not for or against the pro- _,,,, posed annexation but made inquiry as to what disposition is being made of draining the swamp north of Dubuque that is presently under consideration by the County. Mr. Joe Eicher of 1403 Rhom- berg voiced his opinion as being in favor of annexation and stated that we have the lowest tax rate in the State. He mentioned Evansdale, near Waterloo, as an example of improper planning. Mrs. Elnora Bateman of Sheri- dan Road made inquiry as to the proper provision of sewers. Mr. Elmer Bradley stated that if Center Grove is included Section 28 would also come in. Communication of T. H. Nelson, attorney, in behalf of his clients, James Harrington and Buford J. Kelly, requesting that the Council defer any definite action with re- gard to the extension of the Cat- fish Creek Sanitary Sewer from its present terminus at Falk Subdivis- ion until plans have been prepared, presented and read. Attorney Nelson addressed the Council by stating that the pur- pose of the letter is to clarify the record. The route of the sewer must be definitely established and that the Council not be committed until they know where the sewer is to go. Tentative lot lines laid out on the plat were not done in accordance with the wishes of the owner. He requested that he be given an opportunity to be heard at the time the sewer is actually decided upon. Mayor Takos moved that the communication of Mr. Nelson be referred to the City Manager to inform Mr. Hansel to furnish a definite plan which will be in agreement with property owners affected. Secondedby Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Petition of Emerson Excavating Company requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Freund moved that the petition be granted providing proper policy is furnished. Second- ed by Councilman Schueller. Car- ried by the following vote: 144 Special Session Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Communication of the Dubuque Packing Company requesting that some solution be found to elim- inate storm water down 17th Street prior to flooding their property after a heavy rain, presented and read. Councilman Freund moved that the Engineering Department be in- structed to draw up prelimiary plans. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. Lea F. Frommelt, Acting City Manager. February 29, 1980. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap- proval on same, subject to the ap- proval of the City Solicitor: PERSONAL Leo F. Frommelt, Acting City Manager; American Surety Co. of N. Y. HEATING Ray H .Rafoth, d/b/a Ray Rafoth Heating and Sheet etal; Wolverine Insurance Co. Respectfully submitted, LEO F. FROMMELT, Acting City Manager. Councilman Freund moved that the filing of the bond and policy be approved subject to. the ap• proval of the City Solicitor. Sec- onded by Councilman Schueller. Caried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. RESOLUTION N0. 44b0 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to se1Y cigarettes and cigarette papers within said City. Name Address Harlan B. Grant, 400 Iowa Street. 29, 1960 Gerald P. O'Meara, 253 Main Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adapted and approved this 29th day of February, 1960. PETER J. TAKOS, Mayor. GEORGE A. FREUND, LEO N. SCHUELLER, LOUIS SCHALLER, JOHN P. SCHREIItER, Councilmen. Attest: LEO F. FROMMELT, City Clerk. Councilman Schueller moved the ' adoption of the resolution. Second- ed by Councilman Schreiber, Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. RESOLUTION NO. 45.60 Whereas, applications for Beer ~, Permits have been submitted to ~ this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of this City: CLASS "B" PERMIT Name Address Harlan B. Grant, 400 Iowa Street. Gerald P. O'Meara, 253 Main Street. Alan R. Uppinghouse, 238-240 West 8th Street. Kenneth J. Love, 37 Eighth Avenue. Mathias A. Schneller, 132 Eighth Avenue. Mrs. Lucille Hough, 553 Eighth Avenue. CLASS "C" PERMIT Tenenbom's Super Market, Inc., 200 So. Locust Street. Passed, adopted and approved this 29th day of February, 1960. PETER J. TAKOS, Mayor. GEORGE A. FREUND, LEO N. SCHUELLER, LOULS SCHALLER, JOHN P. SCHREIBER, Councilmen. Attest: LEO F. FROMMELT, City Clerk. i ~' SF ~ '> f Ie Special Session F Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen - Freund, Schaller, Schreiber , Schueller. Nays-None. RESOLUTION NO. 46-60 Whereas, heretofore 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 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 Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit: CLASS "B" PERMTT Name Address Harlan B. Grant, 400 Iowa Street. Gerald P.. O'Meara, 253 Main Street. Alan R. Uppinghouse, 238-240 West 6th Street. Kenneth J. Love, 37 Eighth Avenue. Mathias A. Schneller, 132 Eighth Avenue. Mrs. Lucille Hough, 553 'Eighth Avenue. CLASS "C" PERMIT Tenenbom's Super Market, Inc., 200 So. Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 29th day of February, 1960. PETER J. TAKOS, Mayor. GEORGE A. FREUND, LEO N. SCHITF'i.r.F.R, LOUIS SCHALLER, JOHN P. SCHREIBER, CouncBmen. Attest: LEO F. FROMMELT, City Clerk. Councihnan Schueller moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: 29, 1960 145 Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. There being no further business, Councilman Schueller moved to adjourn. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber , Schueller. Nays-None. LEO F. FROMMELT, City Clerk. Approved ..............................1960. Adopted ..................................1900. Councilmen Attest : .................... City Clerk.