Loading...
1960 March Council ProceedingsSession, Mazch 2, 1960 147 E. t !`' ~t r :; CITY COUNCIL OFFICIAL Special Session, March 2, 19611. 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 police judge, pro- viding his salary and fixing his bond and acting upon such other business as may properly come before a regular meeting of the City Council. March 2, 1960 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: At the regular meeting of the City Council held on December 7, 1959, your honorable body author- ized the City Manager to execute a Lease Agreement with Brammers Inc. as Lessee and the City of Du- buque as Lessor for the use of City property west of Brammer's store for parking purposes. Said tract of land is described as the West 125 2eet of Lot One of Sum- mitt Place in the City of Dubuque, Dubuque County, Iowa. I recommend that the action of the Council of December 7, 1959, be amended to the end that the Mayor be authorized to execute the above mentioned lease agreement. Respectfully submitted, LEO F. FROMMELT Acting City Manager Councilman Freund moved that the recommendation of the acting City Manager be approved. Second- ed by Councilman Schaller. Car- ried by the fallowing vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. LEASE AGREEMENT This Lease Agreement entered into by and between CITY OF DU- BUQUE, IOWA, hereinafter re- ferred to as "Lessor" and BRAM- MERS, INC., "Lessee," WTTNES- SETH: Lessor does hereby lease to Les- see, The West 126 feet of Lot One of Summitt Place in the City of Dubuque, Dubuque County, Iowa, for a period of ten (10) years frmn March 1, 1960 to February 28, 1970, for an agreed annual ren- tal of Three Hundred Eighty Dol- lars ($380), payable annually, in advance, upon the following terms and conditions: 1. As part of the consideration of this Lease, Lessee covenants and agrees as follows: a. Lessee shall, within one year from the date of this lease, im- prove the demised premises by surfacing the portion thereof shown for parking area with two inches (2") of bituminous as- phalt surfacing with six inch (6") rolled stone base and construct all curbing, driveways and side- walks indicated on the attached plan. b. Lessee shall not use any of the demised premises for any commercial or revenue produc- ing purpose except that the por- tion shown on the attached plan as parking lot may be used for the free pazking of customers or patrons of any business estab- lishment contiguous to the de~ mised premises. Lessee shall keep the remainder of the prem- ises in lawn and trees. c. Lessee shall retain all shade trees now on the premises so long as they are healthy. d. Lessee shall maintain the premises in a neat and orderly condition and in good repair at all times and shall keep the pub- lic sidewalks abutting the prem- ises free of snow and ice and in good repair, and save the City of Dubuque harmless from any breach of this obligation. e. Lessee agrees to keep the de- mised premises free of all liens or encumbrances whatsoever and shall have no authority to create aay lien, charge or encumbrance upon the premises. f. Lessee agrees to comply with all applicable State, Federal, or municipal Statutes, Laws or reg- ulations during the term of this 148 Special Session, Mazch 2, 1960 lease with regard to his opera- tion of the demised premises and not to make or suffer any unlawful activity thereon. 2. H Lessee shall make default in the payment of the rentals hereunder, or any part thereof, or shall make default in any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after wriUen notice thereof, mailed to Lessee a[ its address in the City of Dubuque, Iowa, then Les- sor shall, in addition to the other remedies provided by Law, have the right, at its option, to declare the term of this lease ended, and to reenter the leased premises, with or without process of law, and expel and remove Lessee or any persons, in or upon the same, using such force as may be neces- sary under the circumstances, and, in that event Lessee agrees to sur- render and deliver up the demised premises peaceably to Lessor. It is further agreed that the waiver of any breach of any clause of this lease by Lessor shall not consti- tute a waiver of any subsequent breach. 3. Lessor, through its duly au- thorized agents shall have the right to enter upon the demised premises at all reasonable times to inspect the same. 4. This Lease may be assigned or sublet by Lessee only upon writ- ten approval of Lessor endorsed hereon. 5. All improvements placed up- on the premises by Lessee shall be deemed part of the premises and the property of Lessor unless oth- erwise agreed in writing. 6. In the event Lessee complies with all the terms and conditions hereof Lessee shall, at the expira- tion of the original term, have the option to extend this lease for an additional term of ten (10) years from March 1, 1970 to February 28, 1980, at an annual rental of Five Hundred, Eighty Dollars ($580), payable annually in ad- vance, but otherwise under the same conditions as the original term of this lease. Such option shall be exercised by giving Lessor written notice thereof prior to Jan- uary 1, 1970. Signed the 4th day of March, 1900. Attest: LEO F. FROMMELT City Clerk Signed the 4th day of March, 1960. City of Dubuque, Iowa (Lesser) by Peter J. Takos, Mayor Rex Brammer Wayne S. Brammer Brammers Inc. (Lessee) March 2, 1960 Mr. Leo F. Frommelt Acting City Manager Dubuque, Iowa Dear Sir: This is to certify that the Schueller & Company, Inc. had seal coated the following named streets that were included in the City of Dubuque 1958 Bituminous Concrete Paving Project No. 1: 1. Merfeld Lane 2. Floraview Drive 3. Custer Street 4. Kaufmann Avenue 5. Hempstead Street The performance of the 1958 Project No. 1 had been completed, but the seal coating on the above named streets became defective. Therefore, on December 9, 1958, the City Council accepted this project providing an appropriate amount of money would be re- tained from the final payment un- til such defect be corrected. The amount of money withheld from final payment is $600.00. Due to the fact that the contractor has, and was required to provide a four year maintenance bond on Lhis project to protect the City in any defect that might occur in his completed work, I therefore, rec- ommend that the $000.00 be paid to the Schueller & Company, Inc. For clarification of the above recommendation, Isubmit the fol- lowing: In the past year a similar case was encountered where the City of Dubuque withheld money from the Mulgrew Blacktop Inc. and an opinion rendered by our former City Attorney, Mr. T. H. Nelson, at that time was that the City of Dubuque was penalizing the con- tractor double by withholding mon- ey and having the contractor pro- vide afour year maintenance bond. Mr. R. N. Russo, City Attorney, Special Session, March 2, 1960 149 also concurs with the above opin- ion. Respectfully submitted, K. J. CULLEN City Engineer Councilman Schaller moved that payment be authorized in confor- mity with the explanation of this letter, Seconded by Councilman Schaller. Carried by the following vote: Yeas -Mayor Takos, Council- men Freund, Schaller, Schreiber, Schueller. Nays-None. Council recessed at 8:55 p.m. to interview the following applicants for the position of. police judge: Alfred E. Hughes, C. J. May, Jr., 'and Michael A. Stapleton. Meeting reconvened in ,the Coun- cil Chamber at 10:20 p.m. RESOLUTION N0. 47.60 A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A PO- LICE JUDGE, PROVIDING HIS SALARY AND FLYING HIS BOND. BE TT RESOLVED by the City of Dubuque, Iowa: That Alfred E. Hughes be and he is hereby appointed Police Judge of the City of Dubuque, commencing on 3rd day of March, 1960, subject, however, to the right of the Council to declare such of- fice vacant or remove. him ~there- from at the pleasure of the Coun- cil 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 Rhe Police Judge be and the same is hereby fixed in .the amount of $3,360.00 per annum. PETER TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREHIER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved •the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Years-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. ;, Nays-None. There being no further business Councilman Freund moved to ~ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-11Sayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. LEO F. FROMMELT City Clerk Approved ....................................1960. Adopted ......................................1960. Councilmen Attest: City Clerk. 150 Regulaz Session, Mazch 7, 1960 CITY COUNCIL Official Regular Session, March 7, 1960. I Council met at 7:30 P.M. Present-Mayor Takos, Council '~.. men Freund, Schaller, Schreiber, Schueller. Acting City Manager Frommelk. Mayor Takos read .the call and skated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before a regular meeting of ,the Council. Communication of Iowa State Highway Commission requesting kha~t an Ordinance be drawn up establishing access control, regulat- ing speed and regulating parking on the Central Avenue surfacing project FN-148 from 20th Ito 32nd Street to conform with conditions of Resolution No. 32-60 adapted February 1, 1960, presented and read. Councilman Schaller moved kthat the communication be refererd ko the City Solici~~tor to have proper proceedings drawn. Seconded by Mayor Takos. Carried by ,the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication from Leonard G. Wolf, addressed to the Dock Com- mfssioq stating that it would not be necessary for a representative of the City ko testify fn behalf of the project of Dredging khe Har- bor because the bill is included in an Omnibus Public Works Bill and has a high benefit cost ratio, 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, S c h a 11 a r, Schreiber, Schueller. Nays-None. Communication of U. S. Confer- ence of Mayors extending an invi- tation to attend the annual con- ference of mayors to be 'held in Chicago May 11 to 14, presented cad read. Councilman Freund moved that the publication 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 Civil Defense of Dubuque, presenting a guide for prepanation of a warning point SOP, Dubuque Warning Point Standard Operating procedure, pre- senked 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 John J. Mc- Evoy stating objections to the re- pair of the 9th Street fire engine house that was previously proposed, presented and read. Mayor Takos moved that khe communication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of City Engineer Cullen submfttng his resignation ~as City Engineer, effective April 1, 1960, presented and read. Mayor Takos moved that the resignation be accepted and khe communication be received and Filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Years-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication ~of Jofin A. Nagle objecting ko the proposed annexa- tion of his property to the Cvty described at NE~/s-NE'/a Section 28, presented and read. Councilman Freund moved thak hhe communication be received sand filed and that same be considered rt the next discussion on annexa- tion. Seconded by Mayor Talros. married by the following vale: Session, March 7, 19G0 151 Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of Hillcrest Bufld- ers, Inc., sbatiag that due ko the f fact that the Council has commit- ted themselves Ito the construction of the Extension of the Catfish Creek Interceptor sewer the engi- veering department should be in- structed to make the prliminary engineering surveys, presented and read. Councilman Schueller moved that the Engineering Department proceed with preliminary plans and further that the Engineering De- partment be authorized to go out- side the City Limits. Seconded by Counciman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Councilman Freund moved that the rules be suspended to allow anyone present Ro address the Council if they so desired. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Attorney E. Marshall Thomas ad- > r dressed the Council in behalf of his client Hillcrest Builders by staking that the City must be. ready, willing and able in support of an- t vexation. C Application for annexation by ,~ resolution signed by HIllerest Builders, Inc., Sam and Lucy s Young, Arnold C. Lange and Mar- 4 s ` the A. Lange, Charles L. and Jean ' A. Hamblin, requesting annexation I of 126 acres lying west of the City +a providing the City makes an ex- tension of the Ga~tfish Creek inter- ceptor sewer and agrees to zone :.. said territory as requested by appli- cants, presented and read. ! Councilman Freund moved that the application be referred to the Planning and Zoning Commission ~` for inveatigation and repgrt. Sec- ~; onded by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, CouncIlmen ~ ~; Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of Iowa Stalte Highway Commission expressing their appreciation for the endorse- ment of Highway Commission plan for U. S. 20, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Communication of Veterans of World War I of U. S. A. submitting a resolution requesting ~th~at the name of White Street be changed to Pershing Avenue, presented and read. Councilman Schreiber move d that the communication be received and filed and that the City Clerk write a letter to the veterans ex- plaining what would be involved in changing the name of a street. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. N?ays-None. February 19, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: 1 herewith submit the monthly reports of the City Auditor, City Treasurer, City Health Depart- ment and City Water Works for the month of January as well as list of claims for which warrants were issued for the month of Jan- uary, 1960. of January, 1960. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Schueller moved th~ak the reports be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Proof of Publication, certified to by the Publisher, of statement of receipts and a list of claims for which warrants were issued during the month of January, 1960, pre- sented and read. 152 Session, March 7, 1960 Councilman Freund moved that the proof of publication was re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. March 4, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching here- with the audit of O'Connor, Brooks, Ahrendt and Brooks for the City Water Department for the year 1959. This audit has been made in keeping with the requirements for the bond issues of the Water De- partment in 1955 and 1956. Respectfully submitted, LEO F. PRONELY Acting City Manager Mayor Takos moved that the audit be received and filed. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Council proceedings for the month of October 1959 presented for approval. Councilman Freund moved that the council proceedings for the month of October 1959 be ap- proved as printed. Seconded by Councilmna Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. March 1, 1960 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: At the special Coun- cil meeting of February 15, 1960 your honorable body approved a recommendation that a two hour parking zone be provided on both sides of White Street from 9th Street to 10th Street. It has been suggested by the Traffic Department that further consideartion should be given to this area before parking meters are installed. Labor and material would probably run well over $2,000.00 for this meter installa- tion. In view of the fact that the parking meters now installed on White Street between 1000 and 1400 receives very little play and returns very little revenue, it seems unwise to install meters in the 900 block at this time. The two hour zone would probably ac- complish the results needed in this particular case since the only ob- jective of the parking controls as recommended was to provide some relief from all day porkers in the vicinity of 9th & White. In view of the above it is recom- mended that further consideration should be made before it is de- cided to install meters in the 900 block on White Street. Respectfully submitted, LEO F. FROMMELT Acting City Manager Councilman Schueller moved that the recommendation of the acting City Manager be approved. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. March 7, 1960 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policy and desire to have your approval on same for filing, subject to the approval of the City Solicitor: PERSONAL Romolo N. Russo, City Solicitor, Western Surety Company. Alfred E. Hughes, Police Judge, American Surety Co. of N. Y. EXCAVATION Schueller Black Top Company, Policy No. A 426710, Standard Accident Insurance Co. Respectfully submitted, LEO F. FROMMELT Acting City Manager Councilman Freund moved that the bands and policies be filed sub- ject to the approval of the City Solicitor. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. j1 Session, Mazch 7, 1960 153 March 3, 1900 Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: Your attention is directed to the fact that on the 23rd day of January 1959, judg- ment was entered in favor of Ed- ward L. Alber, plaintiff, against the City of Dubuque, Iowa, in law action No. 35264 by the District Court of Iowa, in and for Dubuque County, together with interest and court costs. On February 9, 1960, the Su- preme Court of Iowa affirmed said judgment. The interest accrued to the 8th day of March, 1960 at the statu- tory rate of 5% per annum is in the amount of $842.21. Since the costs of appeal have not been certified to the District Court of Dubuque County, Iowa, a determination of the actual total costs is impossible at this time. It is the recommendation of the City Attorney's office that you authorize the City Auditor to draw a warrant payable to Harold N. Hilbert, Clerk of the District Court, Dubuque County, Iowa in the amount of $15,842.21 (Fifteen Thousand eight-hundred forty-two & 21/100 Dollars), to cover pay- ment of the principal amount of the judgment with interest thereon from the 23rd day of January, 1959 to March 8, 1980. Upon certification of the costs involved to the Dubuque County Clerk of Court, the City Attorney will make the appropriate recom- mendation to your honorable body. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Takos moved that the recommendation of the City Solici- tor be approved and the Auditor instructed to issue a warrant pay- able to Harold N. Hilbert, Clerk of the District Court in the amount of $15,842.21. Seconded by Coun- cilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, S c h a 11 a r, Schreiber, Schueller. Nays-None. Notice of claim of Robert Tim- merman, in the amount of $29.62, for damage to his car as the re- sult of striking a chuck hole in the street on 16th between Hick- ory & Marsh on February 7, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Notice of claim of Doris Sund- berg, in the amount of $16,000, for personal injuries received as the result of a fall on an icy sidewalk at 1276 Jackson Street on Febru- ary 7, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Notice of claim of Mrs. John E. ffiinkner, in an un-named amount, for personal property damage as the result of a fall on the sidewalk on the west side of 14th street on February 11, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Notice of claim of M. C. Sewall, in the amount of $14.54, for a broken tail light on his car as the result of moving said car because of snow removal operations on February 24, 1960, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. 154 Regular Session, March 7, 1960 Notice of claim of Antonia Bo- gas, in an un-named amount, for personal injuries received as the result of a fall on an icy sidewalk on March 1, 1960, at 1428 Locust Sheet, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor far investigation and re- port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Proof of Fublication, certified to by the Publisher, of notice of public hearing to consider Ordi- nance No. 6-60, an ordinance va- cating the alley lying between Lot 5 of Fairview Subdivision on the east and lots 14 & 15 in Morgan's Sub, on the west and providing for the conveyance thereof, 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 o£ publication be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. ORDINANCE NO. 6-60 An Ordinance Vacating the al- ley lying behveen Lot 5 of Fair- view Subdivision on the east and Lots 14 and 15 in Morgan's Sub- division on the west and provid- ing for the Conveyance thereof, presented for Final Adoption, hav- ing previously been read on Feb- ruary 1, 1960. ORDINANCE No. G-80 An Ordinance Vacating the Alley lying between Lot 6 of Fairview Suhdivision on the east and Lots 14 and 15 in Morgan's Subdivision on the west end providing for the Conveyance thereof. Whereas, Paul E. Tressel, Wil- liam S. 9pahn and Anna Under- wood have petitioned the City Council to vacate the alley lying between Lot 6 of Fairview 9ub- diviaion and Lots 14 and 16 In Morgan's Subdivision in the City of llubuque and to convey said vacated area to Paul E. Tressel; and Whereas the Planning and Zon- ing Commission has recommended approval of said petition; and Whereas petitioners have pee- pared and submitted for Council approval a plat prepared by Bar- tels & McDlnhan Engineering Co., showing said portion of said alley and assigning a ]ut number there- to, to-wit: Lot 6A, Fairview Sub- division; and Whereas the City Council at a public hearing held March 7, 1980, pursuant to notice published in the Telegraph-Herald newspaper Iebruary 5, 1960 and February 13, 1960, has determined that it is in the best public interest that said Portion of said alley be va- cated and the interest of the City of Dubuque therein conveyed to Paul E. Tressel; NOW THEREFORE, BE IT OP.DAINF.D BY THE C I T Y COUNCIL OF TH.E CITY OF llUBUQti E, IOWA: Section 1. That the portion of the alley lying between Lot 6 in Fairview Subdivision on the east and Lots 14 and 15 in Morgan's Suhdivision on the weet, all in the City oP Dubuque, llubuque County, Iowa, be and the same is hereby vacated: 6ection 2. That the plat showing [he vacs Led portion of said alley and assigning she designation Lot 5A, Fairview .,ubdivision" thereto be and the same is hereby approved and the Mayor and City Clerk be and they arc hereby authorized and directed to execute the same on behalf of the City of Dubuque. Section 3. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and deliver a quit claim deed quit claiming all right, title and in- terest of the City of Dubuque, in and to said Lot 5A of Fairview Subdivision, subject to zn ease- ment for public utilities nosy in place therein and conveying the same to Yaul E. Tressel; Section 4. That the City Clerk is hereby directed to record a certified copy of this Ordinance in the office of the County Re- corder of Dubuque County, Iowa. Section 6. This Ordinance shall be in full force and effect from and after its Pinnl passage, adop- tion and publication as by law pro- vided. Introduced the 1st day of Feb- ruarY, 1960. Rule requiring reading on three separate dove suspended by unan- imous vote the 1st day of N'ebruary, 1960 Y seed by recorded roll call vote, a do lied and approved this 7th day of March, 1960. YETER J. TAKOS Mayor GEORGE A. FREUND LEO '.~. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBER Councilmen Attest: LEO F. FROMMELT City Clerk Published otfic lolly in the Tele- graph-Herald newspaper this 11th day of March 1980. LEO F. FROMMELT City Clerk lt. 3-11. Councilman Freund moved the adoption of the Ordinance. Sec- onded by Mayor Takes. Carried by the following vote: Regular Session, March 7, 1960 155 I Yeas-Mayor Takes, Councilmen Freund, Schaller, Schreiber, Schueller. i Nays-None. ORDINANCE NO. 17-60 An Ordinance Amending Ordi- nonce No. 33-49 of the City of Dubuque, by adding a new Section 88 to Schedule VI thereof, pre- - sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Sehreib- ' er. 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- cilman Schreiber. Carried by the 1 following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. ORDINANCE NO. 11-80. ` An Ortlinance Amending Ortli- nance No. 33-49 of the City oT Dubuque, by Atldiny a new Sec- Lion 88 to Schetlule VI thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 7. That Ordinance No. 33-49 of the City of Dubuque, be -y and [he same is hereby amended by adding a new section 88 to ........... .. "SCHEDULE VI 88. On both aides of East 9iz- teenth Street Yrom east curb of Sycamore Street to a point east- wardly 950 feet on East 8ia- teenth Street." Section 2. This Ordinance shall r be in full force and effect from F and after its final passage, adop- Lion and publication ae by law I s~. provided. ~,,. Introduced the 7th day of March, I fi? 1960. Rule requiring reading on three ~ separate days euepended by unan- ~ _. imous vote the 7th day oY March, ~` 7 960. ~ ., Paseed by recorded roll catl vote, , adopted and approved this 7th day ^' of March, 1960. PETER J. TAK09 l 4r MAYOR GEORGE A. FREUND LEO N. SCHUELLER ~ LOUTS SCHALLER JOHN P. SCHREIBER, COUNCILMEN. Attest: LEO F. FROMMELT, ~,. City Clerk. Published officially in The Telegraph-Herald newspaper thla 11th day o[ March 1980. +y ~ LEO F. FROMMLET, { ~,+;. lt. 3-11 City Clerk. ~" ~ Councilman Freund moved that the adoption of the Ordinance. Seconded by Councilman Schreib- er. Carried by the following vote: Yeas-Mayor Takes, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. ORDINANCE NO. 1240 An Ordinance amending Ordi- nance No. 39-49, known as the Traf- fic Code of the City of Dubuque, by adding a new Section 4 to Schedule III, section c thereof, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schreiber. Oarried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber, Sch~el- ler. 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-Mayor Takos, Councilmen Freund, Schaller, Schrieber, Schuel- ler. Nays-None. ORDINANCE 12-60 An Ordinance Amending Ordi- nance 50. 33-49, known as the Traffic Code of the Ctty of Du- buque, by adding a new Subsec- tion 9 to 6ehedule III, Section C. thereof. BE IT ORDAINED BY THF. CITY COUNCIL OF THE CITY ON' DUBUQUE: Section 1. That Ordinance No. 33-49, known as the Traffic Code oP the City of Dubuque, be and same is hereby amended by adding a new subsection 4 to Section C. to Schedule III [hereof, as fol- lows: ' SCHEDULE III Section C 4. University Avenue and Asbury Street." Section 2. This Ordinance shall be in fns force and effect from and after its final passagq adop- tion and publication as by law provided. Introduced the 7th day of March. 19so. Ruse requiring reading on three separate days suspended by unani- mous vote the 7th day of March, 1960. Paseed by recorded roll call vote, adopted and approved this 7th day of March, 1960. PETER J. TAKOS, Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER SOHN P. SCHREIBER Councilmen ! Attest: Leo F. Fromme][, City Clerk 4.', 156 Regular Session, March 7, 1960 ( Regular Session, March 7, 1960 157 Published ofYinially in The Tele- graph Herald newspaper this 11th day of March, 1960. LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber, Schuel- ler. Nays-None. Petition of Mr. Miller, et ux, re- questing some form of traffic con- trol to benefit mostly children crossing at 13th and 14th on Elm Streets, presented and read. Councilman Schaller moved that -the petition be referred Ito the City Manager and Traffic Depart- ment for investigation and report. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schuel- ler. Nays-None. Petition of Board Hof Education requesting a conference relative to the installation of some type of stop and go light at Senior High School, presented and read. Mayor Takos moved that the pe- titi~on be referred to the City Man- ager, City Solicitor and Traffic De- partment for investigation and re- port. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schrieber, Schuel- ler. Nays-None. Petition of Muscular Dystrophy Associations of America Inc. re- questing permission to hold their annual appeal for funds in Novem- ber, presented and read. Councilman Freund moved that the request be granted providing a definite date is furnished by the petitioner. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of William T. Connery requesting correction of a defect in the street at and near the east end of the higher level of Angella street, presented and read. Councilman Freund moved that the petition be referred to the En- gineering Department for investi- gation and report. Seconded by Mayor Takos. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Arthur Roth Jr., MIlk Sanatarian, requesting permission to attend the U. S. public health service course to be offered at Ames from March 28th to 30th, presented and read. Mayor Takos moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas--layor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Bezanson Insurance Agency requesting return of a former insurance policy issued to C. F. Puth Company Inc. and filing a corrected policy in lieu thereof, presented and read. Councilman Schueller move d that the petition be referred to the City Manager and City Solici- tor for proper disposition. Sec- end^.d by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of William Kringle et al requesting the inclusion of all of Section 27 and 28 along old and new Highway No. 20 including Middle Road in the proposed an- nexation, presented and read. Councilman Schreiber moved that the petition be received and filed and referred to other peti- tions on annexation. Seconded by Councilman Schaller. Carried by Lhe following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of American Legion Auxiliary requesting permission to sell the American Legion poppy on the streets on Friday, May 27th and Saturday, May 28th, presented and read. ' Councilman Schueller moved ffiat the petition be granted pro- s viding there are no conflicting dates. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Dubuque Bank & Trust Company requesting consid- eration to convert the alley from 13th .to 14th street between Iowa and Central to one way traffic, ~ northbound only, to accomodate their new motor bank now under construction, presented and read. Councilman Freund moved that the petition be referred to the City Manager and Traffic Depart- . ~ ment for investigation and report. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. t[ Petition of Bert Shannon et al t ~ objecting to the proposed surfac- ing and curb & gutter of Filmore street from Adair to Grandview, presented and read. Councilman Schueller moved '~ that the petition be referred to other objectors to the 1960 street improvement program. Seconded by Councilman Schreiber. Carried u by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Medical Associates Realty Company endorsing the pre- j liminary plans for the 1960 street ~ x improvement program by including ~ resurfacing of the alley between - 12th & 13th between Main & Iowa street abutting their property, pre- sented and read. {" Councilman Freund moved that the petition be received and filed. Seconded by Councilman Schrei- ,+ ber. Carried by the following vote: b„~ Yeas-Mayor Takos, Councilmen j- Freund, Schaller, Schreiber, ~~ 7 Schueller. Nays-None. Petition of V.F.W. requesting permission to hold poppy sales on , May 13th and 14th, 1960, presented and read. ~ Councilman Freund moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Ldays-None. Petition of Lulu F. Griffin et al requesting rezoning of Lots 16, 17, 1S R: 19 in Wooten Subdivision from its present classification of Two family residence district to Local business District B classifica- tion (Clara Court), presented and read. Councilman Schaller moved that the petition be referred to the Planing & Zoning Commission. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Na}°s-None. Petition of Continental Baking Co. et al requesting the installation of two twelve minute parking meters in the block between 4th and 5th on Central Avenue, pre- sented and read. Councilman Freund moved that the petition be referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of A. Y. McDonald Mfg. Co. requesting the City to assume the cost of the fill on Ash and Marsh streets to the amount of $2,785.00 covering approximately 9293 cubic yards, presented and read. Councilman Schueller moved to refer the petition to the City Man- ager and Engineering Department for investigation and report. Sec- onded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Frances V. Callaghan objecting to the proposed surfacing of McClain street, presented and read. Councilman Freund moved to refer the petition to others on the 158 Session, Mazch 7, 1960 1960 street improvement program. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Thomas C. Folsom requesting a $25 refund on the un- expired portion of cigarette license No. 299, as he has discontinued business on Mazch 2, 1960, present- ed and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Thomas C. Folsom, in the amount of $25.00, to cover the amount due on the unexpired portion of cigarette license No. 299. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Keneth Nelson re- questing a $25 refund on the un- expired portion of cigazette license No. 33, as he has discontinued busi- ness on February 8, 1960, present- ed and read. Councilman Freund moved that the refund be granted and the Auditor insrtucted to issue a war- rant payable to Kenneth Nelson in the amount of $25.00, to cover the amount due on the unexpired portion of cigarette license No. 33. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Dorothy A. Hayes re- questing a $25 refund on the un- expired portion of cigarette license No. 284, as she has discontinued business on February 29, 1960, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Dorothy A. Hayes in the amount of $25.00, to cover the amount due on the unexpired portion of cigarette license No. 284. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. Petition of Dorothy A. Hayes requesting a $50 refund on the un- expired portion of Class B beer license No. 67, as she has discon- tinued business on February 29, 1900, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Dorothy A. Hayes in the amount of $50.00, to cover the amount due on the unexpired portion of beer license No. 67. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, S c h a 11 a r, Schreiber, Schueller. Nays-None. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing on pro- posal to dispose of real estate of the W'/z of Lot 15 in Littleton & Sawyer's Addn. to Neil Lutes, pre- sented and read. No written objections were re- ceived and no oral objectors were present in the Council Chamber at the time of the public hearing. Councilman Freund moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 340 Whereas, by Resolution No. 237 -59 the City of Dubuque sold and conveyed to Neil Lutes the East 'h of Lot 15, and the West ~/z of Lot 14, both in Littleton and Sawyer's Addition in the City of Dubuque, Dubuque County, Iowa, fora con- sideration of Forty Dollars; and Whereas it was the meaning and intent of said conveyance to in- clude the West ~/z of Lot 15 in Littleton and Sawyer's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, at a public hearing held the 7th day of March, 1960, pursuant to notice published in the Telegraph-Herald newspaper February 8, 1960 and February 15, a r I !` t v /` Session, March 7, 1960 159 1960, the City Council has deter- mined that said oversight should be corrected and the West '/z of Lot 15 in Littleton and Sawyer's Addition in the City of Dubuque County, Iowa, conveyed to the said Neil Lutes; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That all right, title and interest of the City of Du- buque, Iowa, in and to the West '/z of Lot 15 in Littleton and Saw- yer's Addition in the City of Du- buque, Dubuque County, Iowa, be and the same is hereby conveyed to Neil Lutes and that the Mayor and City Cleric be and they are hereby authorized and directed to execute a Quit Claim Deed convey- ing all right, title and interest of the City of Dubuque in and to said real estate to Neil Lutes, subject to easements for public utilities now in place, and to de- liver the same upon receipt of the sum of one dollar; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 7th day o£ Marck:, 1960, after public hearing, by recorded rol] call vote. PETER J. TAKOS, Mayor GEORGE A. FREUND, LEO N. SCHUELLER, LOUIS SCHALLER, JOHN P. SCHREIBER, Councilmen Attest: LEO F. FROMMELT, City Clerk This certifies that on the 25th day of March, 1960, Neil Lutes paid the City of Dubuque one dol- lar in accordance with the pro- visions of the foregoing Resolution. LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the fallowing vote: Yeas-Mayor Takos, Councilmen Freur. d, Schaller, Schreiber. Schueller. Nays-None. February 29, 1960 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewtih submitted for your consideration is Subdivi- sion plat of Whitaker Rockdale Subdivision in Section 1, Table -Iourd Township, Dubuque County, Iowa. This subdivision is located in Rockdale and was approved by the Planning & Zoning Commission February 24, 1960. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Mayor Takos. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 48-60 A RESOLUTION APPROVING THE PLAT OF "WHITAKER'S ROCK- DALE SUBDIVISION" IN SEC- TION 1, TABLE MOUND TOWN- SHH', DUBUQUE COUNTY, IOWA WHEREAS, there has been filed with the City Clerk of the City of Dubuque, Iowa a plat whereby Lot 2 of Mineral Lot 511 in Section 1, Township 88 North, Range 2 East of the 5th Principal Meridian; and Lot 1 of Lot 1 of Lot 1 of Mineral Lot 514 in Section 1, Township 88 North, Range 2 East of the 5th Principal Meridian, each being in Table Mound Township, Dubuque County, Iowa, are subdivided into and platted as Lots 1, 2, 3, 4 and 5, each in "Whitaker's Rockdale Sub- division" in Section 1, Table Mound Township, Dubuque County, Iowa; and WHEREAS, said plat has been examined by the Planning and Zoning Commission of the City of Dubuque, Iowa, and has its ap- proval indorsed thereon; and WHEREAS, said plat has been examined by the City Council of the City of Dubuque, Iowa; and WHEREAS, said City Council finds that said plat conforms to the statutes of the State of Iowa and the ordinances of the City of Dubuque, Iowa relating thereto; lso Session, Mazch 7, 1960 IT IS HEREBY RESOLVED BY THE CTTY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That said plat of "Whi- taker's Rockdale Subdivision" in Section 1, Table Mound Township, Dubuque County, Iowa be and the same is hereby approved. Section 2. That the Mayor and Clerk of the City of Dubuque, Iowa be and they are hereby auth- orized and directed to indorse upon said plat the approval thereof by said City Council. Section 3. That said Mayor and Clerk be and they are hereby auth- orized and duected to certify to a copy of this Resolution, and to af- fix to said plat a copy of this Resolution so certified to. Passed, adopted and approved this 7th day of March, A.D. 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREH3ER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 4940 Resolution Approving Plan of Di- vision of Property in accordance with Section 391.63 of the 1958 Code of Iowa. WHEREAS, Morris M. Blum has petitioned the City Council, as owner of property known as Lot 1 of 1 of lA of Wood Addition, in the City of Dubuque, Iowa, for approval of his plan of division of said lot into the following lots for the purpose of apportioning the special assessments levied against said lot, which lots are described as follows: Lot 2 of 1 of 1 of lA of Wood Addition, LotlofloflofloflAWood Addition, and Lot 2 of 1 of 1 of 1 of lA of Wood Addition, WHEREAS, the City of Dubuque consents and approves the plan of division of Lot 1 of 1 of lA of Wood Addition, in the City of Dubuque, Iowa, for the purpose of apportioning the special assess- ments 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 bit- uminous concrete paving as fol- lows: Concrete curb and gutter Assmf. Lot 2-1-1-1A of Wood Ad- dition ................................$1,154.19 Lot 1-1-1-1-1A of Wood Ad- dition ................................ 196.70 Lot 2-1-1-1-1A of Wood Ad- dition ................................ 13.79 $1,364.68 Bituminous concrete paving Lot 2-1-1-1A of Wood Ad- dition ................................$1,584.10 Lot 1-1-1-1-1A of Wood Ad- dition ................................ 269.97 Lot 2-1-1-1-1A of Wood Ad- dition ................................ 18.93 $1,873.00 NOW THEREFORE, BE IT RE~ SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plan of di- vision of Lot 1 of 1 of lA of Wood Addition in the City of Dubuque, Iowa by Morris M. Blum submitted be and the same is hereby approv- ed and that the lien far Special Assessments for the improvement of Glen Oak Street, in the City of Dubuque, Iowa with concrete curb and gutter and bituminous con- crete paving presently levied against Lot 1 of 1 of lA of Wood Addition, in the City of Dubuque, Iowa, be apportioned in accord- ance with said plan of division as hereinabove set forth; Section 2. That the City Treas- urer be and is hereby authorized and directed to enter said appor- tionment of special assessments in the records of his office; Section 3. That the City Clerk is hereby authorized and directed to certify said plan of division of property and apportionment of special assessments, together with a certified copy of this Resolution l ]f 1~ .~F, ~i .(y ~, ~I /~ a. Session, March 7, 1960 161 to the Dubuque County Auditor and to the Dubuque County Treas- urer. Passed, adopted and approved this 7th day March, 1960. ~. PETER J. TAKOS Mayer GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREDIER Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Takos moved the adoption of the resolution. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. March 7, 1960 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Re: Valley Street-Riker Street Sanitary Sewer Valuation of Property Gentlemen: The Valley Street-Riker Street Sanitary Sewer is hereby being submtted for consideration as a proposed improvement. The com- pletion of this project would neces- sitate a payment of deficiencies for a number of lots abutting the improvement; the lots requiring deficiency payments are designated by an asterisk (") on the ' Sched- ule of Valuation and Proposed Assessment". The valuations for the lots were computed as follows: For example use Lot No. 31 of Oak Grove Addition Assessed Valuation ..............$ 50.00 100% Valuation=Assessed Valuation x 3.33 ................ 166.00 Proposed Preliminary As- sessment .............................. 403.74 Fixed Valuation=100% Val- uation -~- Proposed Pre- l i m i n a r y Assessment $166.00 -1- $403.74............ 569.74 25% Fixed Valuation............ 142.44 Assessable Cost .................... 142.44 Deficiency =Proposed Pre- liminary Assessment - 25% Fixed Valuation $403.74 - $142.44 ................ 261.30 The total estimated cost for pay- ment of deficiencies for this im- provement is $1,679.68. The remainder of the valuations were computed as follows: Assessed Valuationx3.33=100% Valuation. There would be additional City Cost on the lots as designated by two asterisks (*') on the Schedule of Valuation and Proposed Assess- ment". The reason for the City cost on these lots is that they can be served with first floor drains only. The proposed City cost for these lots is based on one-half of the estimated assessed cost, and the total cost is estimated at $533.28. The total estimated City share for this improvement, including deficiencies and provisions for first floor drains is $2,212.96. Very truly yours, K. J. CULLEN, City Engineer Councilman Freund moved that the communication be received and made a matter of record. Seconded by Councilmen Schueller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 50.60 Preliminary Estimate and the pro- posed plans, specifications, form of contract, plans and schedule and all other documents for the con- struction of an eight inch (8") san- itary sewer in Valley Street and Riker Street from the existing san- itary sewer in Quinn street thence southerly through Lot No. 1 of 29 of Oak Grove Addition to Valley Street; thence southerly in Valley Street to Lot No. 1-1-1-S. 310' of 1 of the Subdivision of Lot No. 14 & 15 of Oak Grave Addition; and in Riker Street from the intersection of Valley Street and Riker Street thence westerly in Riker Street to the terminus of Riker Street, at an estimated cost of $14,474.19, pre- sented and read. Mayor Takos moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. ,: 162 Regular Session, March 7, 1960 Regular Session, March 7, 1960 163 RESOLUTION NO. 57.60 Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 and 2 inclusive are hereby determined to be the sched- ule of proposed valuations and pro- posed assessment for the Valley Street-Riker Street Sanitary Sewer. Passed, adopted and approved this 7th day of March, 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 Schaller. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION NO. 52-60 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district if any. ' 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight inch (8") sanitary sewer in Valley Street and Riker Street from the existing sanitary sewer in Quinn Street thence southerly through Lot No. 1 of 29 of Oak Grove Addition to Valley Street: thence southerly in Valley Street to Lot No. 1-1-1-1- 5 310'-1 of the Subdivision of Lot No. 14 15 of Oak Grove Addition; and in Riker Street from the inter- section of Valley Street and Riker Street thence westerly in Riker Street to the terminus of Riker Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty o:vners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of March, 1960. Approved and placed on file for final action. Approved: PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOAN P. SCHREIBEft Councilmen Attest: LEO F. FROMMELT City Clerk is i ' ~, !' ~` i r,r Councilmen Schueller moved the approval of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. (Fixing date of hearing) ' RESOLUTION NO. 53.60 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 50-60 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the con- struction of an eight inch (3") san- itary sewer in Valley Street and Riker Street from the existing sanitary sewer in Quinn Stree: thence southerly through Lot No. 1 of 29 of Oak Grove Addition to Valley Street; thence southerly in Valley Street to Lot No. 1-1-1-15 310'-1 of the Subdivision of Lot No. 14 15 of Oak Grove Addition; and in Riker Street from the inter- section of Valley Street and Riker Street thence westerly in Riker Street to the terminus of Riker Street. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE 1T THEREFORE RESOLVED that on the 4th day of April, 1960, a public hearing will be held at 7:30 o'clock P.M., in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the propos- ed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of [he proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of March, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCIiA-i r_F'R. JOHN P. SCHREffiER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund.. Caz- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 1 I e r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 5460 BE IT RESOLVED by the City Council 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 sell cigarettes and cigazette papers within said City. Smith Oil Company, 901 Rhom- berg Avenue BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 7th day of March, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREffiER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. 164 Regular Session, Mazch 7, 1960 RESOLUTION NO. 55.60 WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval 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 Herbert E. and Emil F. Althaus, 1575 Central Avenue Raymond B. McLaughlin, 2222 Cen- tral Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Ciub, 880 Locust Street Passed, adopted and approved this 7th day of March, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIItER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 5660 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named ap- plicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Herbert E. and Emil F. Althaus, 1575 Central Avenue Raymond B. McLaughlin, 2222 Cen- tral Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 7th day of March, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCI-TALLER JOHN P. SCHREHiER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. There being no further business Councilman Schaller moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. LEO F. FROMMELT City Clerk Approved Adopted ......................................1960 Councilmen 1 .......................... _........ Attest City Clerk ~1 I , Session, March 29, 1960 165 CITY COUNCIL~~ OFFICIAL Special Session, March 29, 1960. Council met at 1:30 P.M. Presen±-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 meet- ing is called for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 57.60 BE IT RESOLVED by the City Council 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 permit to sell cigarettes and cigar- ette papers within said City. Name Address Philip Krepfle (effective 4/1/60) 1399 Jackson Street Clarence J. Schmit (effective 4/1/ 60) 1713 Central Avenue James J. Miller (effective 4/1/60) Bunker Hill BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 29th day of March 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREIBEA Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreibed moved the adoption of the resolution. Second- ed by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Scha 11 a r, Schreiber, Schueller. Nays-None. RESOLUTION NO. 58.60 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 up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Philip Krepfle, 1399 Jackson Street Robert A. Brillhart, 336 Main Street Mrs. Alma Henkel, 241 Main Street Louis J. Wright, 2600 Jackson Street James J. Miller, Bunker Bill Mrs. Alice H. Erschen, 2620 Uni- versity Avenue Donald M. Love, 250 West 6th Street Sylvester A. Weiner, 201 East 22nd Street Louis T. Bournais, 760 East 16th Street Florance Deutsch, 1298 Main Street Mrs. Ione Miller, 1322 Central Av- enue Clifford Steffen, 1103 Iowa Street Dorance E. Cox, 2613 University Avenue CLA55 "C" PERMIT William J. White, 1933 Asbury Street Anthony L. Fecker, 2119 Rhomberg Avenue Passed, adopted and approved this 29th day of March, 1960. PETER J. TAKOS Mayor GEORGE A. FREUND LEO N. SCHUELLER LOUIS SCHALLER JOHN P. SCHREH3ER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Takos, Councilmen Freund, Schaller, Schreiber, Schueller. Nays-None. RESOLUTION NO. 59-60 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al 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,