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1950 May Council ProceedingsI'' ~~ I ~~ ',' ,~ °s a t_ 1:: ~, Regular Session, May 1st, 1950 209 ~~ ~~~8 t®r~ici~~,) Regular Session, May 1st, 1950. Council met at 7:30 p.m. Present -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. City Manager Rhomberg. Mayor Welu stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice ol" public hearing upon the plans,spe- cifications, form of contract and cost of improvement for the im- provement of Iowa Street from the south property line of West Third Street to the north property line o£ West Second Street, esti- mated cost $9,142.75, presented and read. Councilman Wynes mov- ed that the proof of publication be received and filed. Seconded by Councilman I4olb. Carried by the following vote: Yeas - Maym• Welu, Council• men Austin, Kolb; Russo, Wynes. Nays -None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of conti•aet and cost of improvement for the improving of Iovra Street from the south property line of West Thira~ Street to the north property line of West Second Street, presented and read. Councilman Wynes mov- ed that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the follaGVing vote: Yeas -Mayor Wept, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Mr. Roberts, Manager of Armour Co. Creameries, addressed the Council with reference to the pro- posed improvement of Iowa Street and asking that the storm sewer system be investigated before pav- ing is laid. Petition of Fischer Investment Companq subnutting written objec- tions to the proposed street im- provement of Iowa Street between Second and Third Streets, present- ed and read. Attorney Francis O'Connor addressed the Council in support of the petition of Fischer Investment Co?npany. Councilman Russo moved that the petition be received and filed. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. (®eeigi®n of council anon o6jec• Lions to isians, specifications, Form of contract anc9 cost of improve= menu,) Fb~3®6UYl®d~ N®. 139.50. WFIEIdEAS, proposed plans and specifications and farm of contract for the improvement of Iowa Street from the south property line of West Third Street to the north property line of West Second Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Cade of Iowa, 19d6, pertaining to public contracts and bonds, and the time and place filed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this lst day of May, 1950; and Wf3EREAS, the City Council niet in Regular session this 1st day of May, 195Q at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cast of the improvement herein described and proposed to be made; and WpfEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and-form of contract heretofore approved are hereby adopted. ~. . 8, x a, ~' ~, II i ~ I ~ li ~' I' ~~ _ ~~ I I ~i ~ _ I~ ~ ~'~ ~- '' '~ ~ _ - I s= $,,_ , ~~~~~~ i ~ e I ~~' ~~ ~~ Y, ~ ' ~ - ~ i ~`' - d L o = ~ ~lii~~' ~` ~ - ~~ ii, ~, . u,l~~' ~ ~ ~i~~ ~~I __ ~ ~~ ,• I _ - ~, ~' i I - j ;; , ~II~~ I'C ' ~ _ ,I s ~ III~,~ ~~~II; ~,€ ~' ~ ~ - - fi I~~i~;~;,II -- - .II~' ' -_ ~ ,iii -- -- ~~ it I~' -~ - - -- _- ~ ~, - ' - - __ 210 Regular Session, May lst, 1950 BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filet to the plans, specifications and form of contract for or cost of said improvement be made a mat- ter of permanent record in con- nection with said improvement. Passed, adopted and approved this 1st day of May, 1950. CLARENCE P. WELD ROMOLO N. RICHARD L. RAY KOLB RUBEN V. Mayor, RUSSO WYNES AUSTIN Councilmen. Attest: J, J, SHEA, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Wynes, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes, Nays -None. (Necessi6y far Irnprovesnenl) RESOLUTBOV~ R1O. 11E•50. WHEREAS, proposed plans, spe- cifications, 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 streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess- ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Iowa Street from the south property line of West Third Street to the north property line of West Second Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, 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 reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted 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 cast 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 spec- ial benefits conferred thei°eby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed an file with the City Clerk this 10th day of April, 1950. The foregoing resolution was finally passed and adopted, as pro- posed, by the G`ity Council this 1st day of May, 1950. CLARENCE P. WELU Mayot•. ROMOLO N, RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. Shea. City Clerk. Mayor Welu moved the adoption of the resolution, Seconded by Regular Session, May 1st, 1950 211 Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes, Nays -None. (Ordering Gonstrcc,ion) RESOLUTI®N 1~0. 13'9.50, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 118-50 which was duly passed by this Council, far the improvement of Iowa Street from the south property line of West Third Street to the north property line of West Second Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. A11 the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the wank has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals far the con- struction of the various °improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 21 calendar days after notice to proceed is issued, BE IT FURTHER RESOLVED that this resohttion being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 1st day of May, 1950. CLARENCE P, WELD Mayor, ROMOLLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V, AUSTIN Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Wynes moved the adoption of the resolution, Second- ed by Mayor Welu, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Councilman Russo moved that the rules be suspended, for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Wynes, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, Fire Chief Hickson addressed the Council requesting that an ambulance be purchased by the City to replace the ambulance now in service, Councilman Russo mov- ed that the City Clerk be instructed to advertise for bids for the fur• nishing of an ambulance in accord- ance with the specifications now on file. Seconded by Councilman Wynes. Carried by the following vote: Yeas - Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of John R. Fitz- simmons, Extension Landscape Ar- chitect, Towa State College, Ames, Iowa, submitting copy of the Fifth Annual Town and Community Plan- ning Conference to be held at Ames, Iowa, May 4th and 5th, 1950, presented and read. Council- man Russo moved that the cam- nnmication be received and filed. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Weht, Council- men Austin, Kolb, Russo, Wynes, Nays -None. Communication of The Key City Gas Company submitting annual report for the calendar year 1949, ~~ 212 Regular Session, May 1st, 1950 in accordance with Franchise stipu- lations, presented and read. Coun- cilman Wynes moved that the com- munication and report be received and placed on file. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas -Mayor Wela, Cotmcil- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of Dr, H. H. Bahme requesting a hearing in order to acquaint the Council with facts regarding ;corm sewer drain- age over his land at 837 Disney Street, presented and read. Dr. Bahme and Mr. Kass addressed the Council asking that provision be made to take cart of the storm water drainage in the area adjoin- ing their property. Councilman Russo moved that the communica- tion be referred to the Council 'to view the grounds. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, Communication of E. J. Kean tendering his resignation as a mem- ber of the Civil Service Commis- sion to become effective as of Pday 1st, 1950, presented and read. Mayor Welu moved that the resig- nation be accepted and that a let- ter of appreciation be forwarded to Mr. Kean for services rendered zs a member of the Civil Service Commission. Seconded by Cotmcll- man Kolb. Carried by the follow- ing vote: Yeas - Maym• Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of Louis J. La- gen~ submitting application for ap- pointment as a momber of the Board of the Civil Service Commis- sion, presented and road. Mayor Welu placed in nomination the name of Bert Graham. Council- man Kolb moved that nominations be closed. Seconded by Mayor Welu. Carried by tlae following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Rtrsso, Wynes. Nays -None. The result of the ballots east showed Louis J. Lagen receiving three votes and Bert Graham re- ceiving two votes. Councilman Russo moved that Louis J. Lagen be appointed as a member of the Civil Servioe Com- mission to fill the unexpired term of E, J. Kean, recently resigned, said term expiring March 31, 1952. Seconded by Cot?Heilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, I{olb, Russo, Wynes, Nays -None. Petition of The Dubuque Humane Scciety making application for au• thorny to have their service car appear on the streets of the City of Dubuque at various times during the period of May 7 to 13, 1950, which is to be observed throughout the United States as `Be Kind to Animals Week," the purpose being to call public attention to the event and enlist support for their hu- mane week, presented and read. Councilman Russo moved t°nat the request be granted and that the action of Mayor Welu in the issu- ance of a Proclamation designating the weak of May 7 to 13, 1950 as "Be Kind to Animals Week" be con- firmed. Seconded by Mayor Welu, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo Wynes. Nays -None, Petition of Lloyd Burkart re- questing that the Water Depart- ment be authorized to extend the present water main westward along Highway 20 a distance of about 600 feet to tl'se city limits, presented and read. Mayor Welu moved that the petition be referred to the Superintendent of the Water De- partment for investigation and re- port. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Cotmcil- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of J. L. Stack and others requesting the installation of suf- ficient street lights to properly light Southern Avenue from Grand- view Avenue south to the City Lianits, presented and read. Coun- cilman Russo moved that the peti- tion be referred to the Council to view the grounds. Seconded by Mayor Welu. Carried by the fol- lowing vote: ? 1', t t; Regular Session, May 1st, 1950 213 Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of John J, Breitbach requesting that Quit Claim Deeds be authorized conveying to him the added pieces of land abutting Lots 86, 87 and 88 in Wood's Addi- tion, presented and read. Council- man Wynes moved that the peti- tion be referred to the City Engi- neer, the City Solicitor and the Planning and Zoning Commission for investigation and report, Sea onded by Councilman Austin. Car- ried by the following vote: Yeas -Mayor Welu, Councih men Austin, Kolb, Russo, Wynes, Nays -None. Petition of Andrew Fondell and others asking City Council action of a proposal to keep Prescott Street at the present figure of 50 feet in width, as recorded in the records at the City Hall, rather than go along with the County rec• ords which have Prescott Street 64 feet in width, presented and read, Councilman Wynes moved that the petition be referred to the City Engineer for investiga- tion and report. Seconded by Councilman Austin, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Edward J. Pleyens appealing from the decision of the Building Commissioner and the Board of Adjustment in declining to issue him a building permit to build a brick residence on Lot 2 of 2 of 1 of A and Lot 2 of 2 of 1 of 1 of A both of the Subdivision of 1 of 1 of 1 of 1 of 1 of Miar. Lot 304 and 2 of 2 of 1 of 1 of Min. Lot 304 and asking the City Council to review and to authorize and instruct the Building Commis- sioner to issue said permit, present- ed and read. NIr, Louis Kolfen- bach addressed the Council in sup- port of the petition. Councilman Russo moved that the petition be received and filed an the grounds that the City Council has no juris- diction to entertain an appeal from the ruling of the Board of Adjust- ment. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men"Austin, Kolb, Russo, Wynes. Nays -None. Petition of George N. Schrup and others requesting that the City Council cause au investigation to be mach of the lighting condition an Wilson Street between West Fifth Street and Eighth Avenue and also that an additional light be installed in the vicinity of 705 WiLon Street, presented and read. Councilman Wynes moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Kolb. Carried by the fallo;ving vote: Yeas -Mayor tFJeht, Council- men Austin, Kolb, Russo, Wynes. Nays -None, Potition of Walter A. Kunnert and others requesting the installa- tion of a street light on Alta Vista Stt°oet between tiro existing street light at Kirkwood and Alta Vista Sh°eots and the existing street light Hoar Science Hall of Loras College, presented and read, Coun- cib--tan Kolb moved that the peti- tion be referred to the Council to view the grotto{ls. Sacanded by Catancihnan Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Br. H. H. Bahme and others requesting the City of Du- btaque to improve the eastern stub of Tressa Street, extending from the intersection of McLellan Street east to the dead-end and that suit- able signs be erected to designate that it is a dead-end street, present- ed and read. Councilman Russo moved drat the petitron be referred to tae Council to view the grounds. Seconded by Mayot° Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays - None. Potition of Lester Pfr. Lochner and CI?arles H. Davis requesting a refund in the amount of $100.00 on the unexpired portion of their Class "R" Beer Permit No. 116, as they leave discontinued bttsiness on May 1, 1950, presented and read. CotmcIlman Russo moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $100.00 in 214 Regular Session, May 1st, 1950 favor of Lester M. Lochner and Charles H, Davis to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 116• Second- ed by Councilman Wynes, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Mrs. C• Krier asking that something be done about the stl'eet leading to her home located at 1909 Elizabeth Place, presented and read, Councilman Russo mov- ed that the petition be I'eferred to the Council to view the grounds and that Mrs, Krier be notified to be pI'esent at the time the Coun- cil ue viewing. Seconded by Coun- cilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, Petition of Monroe A. Kitchen and others requesting the vacation of the alley located between West Third and Hale Street extending West from Algona Street to the University of Dubuque property, presented and read. Councilman Russo moved that the petition be referred to the Planning and Zon. ing Commission for their recom- mendation and report. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays - None. Proof of publication, certified to by the publishers, of the official publication of the financial report of the City of Dubuque, Iowa, for the fiscal year from April 1, 1949 to March 31, 1950, presented and read. Councilman Wynes moved that the proof of publication be received and filed. Seconded by Councilman Koib. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Proof of publication, certified to by the publishers, of a state- ment of receipts and also a list of claims far which warrants were drawn during the month of March, 1950, presented and read. Council- man Wynes moved that the proof of publication be received and fil• ed. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Council Proceedings for the month of January, 1950, presented for approval. Councilman Kolb moved that the Council Proceed- ings for the month of January, 1950 be approved as printed. Sec- onded by Councilman Russo. Car- ried by the following vote: ~, Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, Ordinance No. 11.50, An Ordi• nonce amending and changing the Zoning Map of the City of Du- buque as provided by Ordinance No. 3-34, designated "Zoning Or- dinance of the City of Dubuque" so as to change certain property hereinafter described from "Single Family Residence District Classifi- cation" to "Multiple Residence Dis- trict Classification," said ordinance having been passed upon first read- ing on April 24th, 1950 and order- ed placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption, ORDINANCE N0. 11.50 An Ordinance amending and chang- ing the Zoning -Iap of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordi- nance of the City of Dubuque" so as to change certain property herein- after described from "Single Family Residence District Classification" to "Multiple Residence District Classifi- cation." Whereas, it is deemed advisable by the City Council of the City of Du- buque to amend the Zoning Ordinance and change the 7,oning llrap of the City of Dubuque so as to change certain described property from "Sin- gle Family Residence District Clas- sification" to "Multiple Residence District Classification," as recom- mended by the Dubuque Planning and 'Coning Commission. And, Whereas, Notice of such pro- posed change has been published as provided by late and an opportunity afforded to any and all interested parties and citizens to object thereto at a pulalic meeting held at 7:30 o'clock P.M., on the 24th day of April, 1950, in the City Council Chamber in the City Hal] in the Cit3~ of Dubuque, Iowa. Aud, Whereas, na objections have been filed m• made to the proposed change. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- Regular Session, May 1st, 1950 215 buque bo, and the same is hereby amended and changed as follows: By changing frmn "Single Family Residence District Classification" to "11Iu1tiPle Residence Dishict Classifi- cation" the Pollowing described prop- erty: "Beginning at a Point at the inter- section of the westerly side of the Dubuque Cascade Road and the rres- ent City Limits of the City of Du- buque: ut area 200 feet wide on the westerly side of the Dubuque Cas- cade Road and Parallel to the westerly line of the Dubuque Cascade Road and extending northerly until said area connects to the Present Local Business District 4I5 feet southerty of the intersection of South Grand- view Avenue and the Dubuque Cas- code Road." Sec. 2. This Ordinance shall be in force and effect ten (10) clays from and after its final Passage, adoption and publication as by law Provided. Passed upon first reading this 84th clay of April, 1950. Passed, adopted and aPPt•oved upon final reading this 1st da3' of May, 1950. CLARENCE P. WELU Mayor R01'IOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEAT ~'. AUSTIN Councilmen Attest: J. J. SPIEA, City Cleric. Published officially in The Tele- graph-Herald newspaper this 4th day oP I4Iay, 1950. J. J. SHEA, It 94ay 4 City Clerk Councilman Russo moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Ordinance No. 1Z-50. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change certain property herein- zfter described from "Two Family Classification" to "Local Business District Classification," said ordi- nance having been passed upon 1st reading on Apri124th, 1950 and or- dered placed on file with the City Clock for public inspection for at least one week before its final adoption, was presented for final adoption, ORDINANCE N0. 12.50 An Ordinance amending and chang- ing the Zoning ll~fap of the City of Dubuque as Provided by Ordinanec No. 3-34, designated "Zoning Ordi- nance of the City of Dnhuque" so as to change certain property here- inafter described u•om "Two Family Classification" to "Local Business Distriet Classification." Whereas, it is deemed advisable by the City Counei] of the City oP Du- buque to amend tho Zoning Ordi- nance and change the Zoning Map of the City of Dubuque so as to change certain described Property frmn "Two Family Classification" to "Local Business Distriet Classifica- tion" as recommended by the Du- buque Planning and Zoning Comtnis- siou. And, Whereas, Notice of such pro- posed change has been published as provided by law and an opportunity afforded to any and ail interested Partiee and citizens to object thereto at a public meeting held at 7:30 o'clock P.&L, on the 24th day of April, 1950, in the City Council Chamber in the City Ha11 in the City of Dubuque, Iowa. Aud, Whereas, no objections have been filed or made to the Proposed change. NOW, THEREFORE, BE IT OR= DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Sec. I. That the Zoning 1VIap and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: B}' changing from "Two Family Classification" to "Local Busittesa District Classification" the following described property; "An area from the center line of Rhomberg Avenue and Hawthorne Street southwesterly along the cen- tec line of Rhombecg Avenue to the intersection oP the center lines of Rhomberg Avenue and Farragnt Street and thence southeasterly along the center line of Farragnt Sheet to the intersection of the center line of the alley first southeasterly of Rhom- berg Aemme and thence northeasterly along the center lhie of said alley to the intersection of tha centec line uP the allev and Hawthorne Street; thence northwesterly along the cen- ter line of Hawthorne Street tc the intersection of the center line of Hawthorne Street and Rhotberg venue which Is the Point of beghr ning." Sec. 2. This Ordinance shall be in force and effect ten (10) days from and after its final Passage, adoptimt anti publication as by law Provided. Passed upon first reading this 84th day of April, 1950. Pawed, adopted and approved upon final reading this 1st day of &fay, ls5o. CLARENCE P. IYELU Mayor ROMOLO N, RUSSO RICHARD L. vs'YNES RAY KOLB RUBEN V. AUSTIN Councilmen Attest: J. J. SHEA, City Cleric. Published officially in The Tale- e~raph-Herald newspaper thie 4th day of :Vlay, 1950. J. J, SHEA, 1t Ma3' 4 City Cleric Councilman Wynes moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Ordinance No, 13-50. An Ordin- ance providing for the vacation of the alley extending from the south- 7, ~_ l a 1 F ~-- -~- ~» -~ ; ii i ,, ;' ~' k .+.' _ _ - -~. b i;++. ` ' is 5;£-__ - - ,~ ~~ , ~ ~ _ , i' I~ "r I`; _ __ -- ','~~, '~''I,~I s;' ,~, ,~I ~, ~'i ~. ,, „ -_ I -- -_ -_ -° 5' -_ t ~r s l 216 Regular Session, May 1st, 1950 erly line of Theisen Street to the extended northerly Pane of St. Jo- eph Street, said ordinance having been passed t?pon first reading on April 24th, 1950 and ordered plac- ed on file with the City Clerk f{~r public inspection for at least one week before its final adoption, was presented for final adoption. Ordinance No. 13.50. An Ordi- nance providing forthe vacation of the alley extending from the southerly line of Theisen Street to the extended northerly line of St. Joseph Street. Whereas, application has been filed with the City Council request- ing the vacation of the alley which extends fi•om the southerly line of Theisen Street to the ex- tended northerly line of St. Jo- seph Street, separating Lots 26, 27, 28 and 29 from Lots 23, 24 and 25 in Sister's Addition and Lot 1 of Stetmore Su-bdivision, all in the City of Dubuque, Iowa, according to the recorded plat thereof, in the City of Dubuque; and Whereas said application has been referred to the Dubuque Planning and Zoning Commission for investigation and report; and Whereas, the said Planning and Zoning Commission has examined into the advisibility of vacating that part of the alley above described, and Whereas, the said Planning and Zoning Commission has recom- mended that the request be granted. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE: Section 1. That the alley which extends from the extended south- erly lino of Theisen Street to the extended northerly line of St. Jo- seph Street, separating Lots 26, 27, 28 and 29 from Lots 23, 24 and 25, in Sister's Addition and Lat 1 of Stetmore Subdivision, all in the ~ City of Dubuque, Iowa, according to the recorded plat thereof, in the City of Dubuque be, and the same is hereby vacated. Section 2. That the property owners whose property immedi- ately abuts said vacated alley shall cause a plat to be made of said vacated alley and filed for record wherein separate parts ad- joining separate lots shall be given legal descriptions, where- upon the City of Dubuque will convey said lots to the adjoining owners, and the Mayor and Clerk of said City are hereby authorized to execute deeds accordingly on behalf of the City of Dubuque. Section 3. That the City Clerk be and he is hereby directed to file for record a duly certified copy of this Ordinance in the Office of the County Recorder of Du- buque County, Iowa. Section 4. That any and all Ordi- nances in conflict herewith be and the same are hereby repealed. Section 5. That this Ordinance, being deemed urgent and in the interest of the public welfare, shall he in force and effect im- mediately upon its final passage, adoption and approval by the City Council and publication as pro- ~ vided by law. Passed upon first and second reading this 24th day of April, 1950. Passed, adopted and approved upon final reading this 1st day of May, 1950. CLARENCE P. WELU Mayor ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest; J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 4th day of May, 1950. J. J. SHEA, City Clerk. Councilman Wynes moved the adoption of the ordinance. Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. April 24, 1950 J. J. Shea City Clerk Dubuque, Iowa Dear Mr. Shea: We are enclosing two copies of the report of State Examiners W. L. McNamer and John Laudel, cow eying the examination of your city for the period extending from April 1, 1948 through March 31 1949. Regular Session, May 1st, 1950 217 Also enclosed are the claims of Mr. McNamer and Mr. Laudel for per diem and expense, and Mar- garet Wilkins for typing, in the total amount of $1,701.87. These claims have been paid by the State, and we would appreciate receiving your warrant made payable to Chet B. Akers, Auditor of State, for this amount. With appreciation of your co- operation, we are, Yours very truly, Chet B. Akers Auditor o£ State By C W, Ward, Supervisor. Councilman P~usso moved that the communication and reports be received and placed on file. Second- ed by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Apri127,1950 Honorable Maym• and City Council City of Dubuque, Iowa. Gentlemen Regarding the petition of the engineers of the Water Depart- ment, asking for a forty hour work week which was referred to me for investigation and report. I was talking with the superintendents of water at a school held in Iowa City last week and find that most pumping station engineers work at least forty-eight hours a week. At Cedar Rapids they are on duty only forty-two hours and work eight hours out of every thirty- two hours with no extra day off. This schedule would not be satis- factory in Dubuque as we operate three stations instead of two. It has been our policy in the past to give the men with seniority the best shifts as they have worked nights for years to obtain a day shift, All the other employees work forty-four hours a week and are subject to call when off duty and do not receive any extra compensa- tion as they are paid on a monthly basis. This is especially true of maintenance crews who put in as much as 100 hours a year. These emergencies usually occur on Sun- days, holidays and nights. Figttred on an hourly basis, ex- cluding extra time, the engineers receive mare per hear than any other employees except the five division heads and myself. These engineers are skilled and faithful Yuen but other employees of the department are equally qualified for their duties. If and when short- er working hours are proposed, full considoration should be given to the entire personnel and not to one group at the pumping station. Respectfully submitted, J. J. Hail, Superintendent City of Dubuque Water Department, Councilman Russo moved that the reconui;endation of Water Sup- erintendent Hail be approved. Sec- onded by iVlayor Welu. Carried by the fallowing vote; Yoas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. May 1, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission wishes to inform you that the final plat of J. C. Scully Sub- division No. 2 has been examined and approved by said Planning and Zoning Commission being found to be in proper form. Therefore, we respectfully recommend its ap• proval by your Honorable Body. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION Richard V. McKay Secretary. PES®~UT&OP°- t~fl. 140.50. Be It Resolved by the City Coun• cil of the City of Dubuque: Sec. 1. That the dedication of Scully Street and a seven foot width upon the plat of J. C. Scu11y's Subdivision No. 2 be, and the same are hereby accepted for the pm•- pose for which they are thus dedi• Gated. Soc. 2. That the plats of lot 1 of lot 2 of lot 1 of J. C. Scully's Subdivision in the City of Dubuque, Iowa, and ~ which will hereafter be known as 218 Regular Session, May 1st, 1950 "J. C. Scully Subdivision No, 2" containing lots 1.15 inclusive, be and the soma is hereby approved and mayor and clerk are hereby directed to endorse the approval of the City of Dubuque upon said plat. Passed, Adopted and Approved this 1st day of May, 1950: CLARENCE P. WELU Mayor. RUBEN V. AUSTIN RAYMOND F. KOLB ROMOLO N. RUSSO RICHARD L, WYNES Councilmen, Approved By: Direction of City Council of City of Dubuque, Iowa. Clarence P, Welu, Mayor, Attest: J. J. SHEA, City Clerk Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Russo, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen; With reference to the claim of Merlyn B, Kurt submitted to me for investigation and report, on April 14th, 1950 about 7:30 p,m. in the evening while claimant was traveling on Loi•as Boulevard be- tween Main and Iowa Streets in his automobile at a speed of about 15 miles per hour, he ran into a place in the street that was cover- ed with hales, and the street was so rough and uneven that he brake the front spring of his car, causing him damages in the amount of $23.23. At the time in the car with him were his three minor children, A sldort time thereafter this condition was taken care of; he could not observe the condition of the street until he was upon it, and therefore sustainod the dam- ages, I recommend that his claim be paid in Elie amount of $23,23, that a warrant be issued payable to his order for said amount and delivered to him upon delivery by him to the City of a release proper- ly executed, Yours Truly, John J. Kintzinger City Solicitor Councilman Russo moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $2323 in favor of Merlyn B. Kurt, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Wynes. Carried by the following vote Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Wynes. Nays -None, RESOLUTE®Pd [q0. 141.50. WHEREAS, a plat has been filed by Philip A, Powers and Martha F. Powers, husband and wife, of Asbury Road, Dubuque Township, Dubuque County, Iowa, in which Lot 2 of lot 1 of lot 1 of lot 1 of Lot "A" of Hillcrest Park, a Sub• division in Dubuque Township, Du- buque County, Iowa, is platted as Powers Heights, a Subdivision in Dubuque Township, Dubuque Coun• ty, Iowa, consisting of Lots, 1, 2, 3, 4, 5, 6, 7, and 8, Block No 1, and Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block No. 2, Powers Heights; and WHEREAS, said plat has been duly examined, investigated and approved by the Planning and Zon- ing Commission of the City of Dubuque, Iowa; and WHEREAS, upon said plat are extensions of existing Valleyview Road and Hillcrest Road; and WHEREAS, the owners have upon said plat dedicated said road extensions to the public; and WHEREAS, the City Council of Elie City of Dubuque, Iowa, has ex- amined said plat and has been fully advised in the matter, finds that said plat conforms to the city ordinances relating thereto; and WHEREAS, the City Council fur- ther finds that the dedication of Valleyview Road extension and Hillcrest Road extension should be accepted and confirmed and that said plat should be accepted; and WHEREAS, Valleyview Road and ;f'. 1 °~'` Regular Session, N1ay 1st, 1950 219 Hillcrest Road are new streets un- improved, and this Council is of the opinion that said streets should be improved by placing therein storm sewer, manholes and catch basins, by surfacing the streets with crushed rock 30" x 6" com- bination curb and gutters, all im• provements to be done in accm•d- ance with plans and specifications approved by the City Engineer of the City of Dubuque, and under the supervision of said City Engi- neer; and WHEREAS, the Engineer's esti- mate of cast for said improvements is as follows: 1540' Curb and Gutter @ $2.80 . .. $4,312.00 270' 12" Storm Sewers n $4,00 .... l,oso,oo 3 Catch Basins ~r $15fl.00 . ... 450.00 2 Manholes n $150.00 300.00 50D C.X. Excavation @ $0.40 200.00 170 C,Y. Crushed Roclc Surfacing @ $2.70 ........ 459.00 $6,531.00 and, WHEREAS, it is the opinion of the City Council that said improve- ments should be made on or be• fore April 24, 1952; that the plat filed herin be approved upon t':e filing with the City Clerk of Surety Company Bond in the earn of $7,- 500.00, said Surety Company Bond to be acceptable to the City of Dubuque, Iowa, and approved by the City Council, said bond to in- sure the completion of the im- provements herein referred to on or before April 24, 1952, and said bond likewise to provide for com- pliance with the provisions of Or• dinance No. 23-45, the Subdivision Ordinance of the City of Dubuque, Iowa: NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: 1. That the dedication of Valley- view Road and Hillcrest Road as shown on the plat above referred to be and the same are hereby accepted far the purpose for which they are thus dedicated. 2. That the plat of Lots 1 to 8, Black 1, and Lots 1 to 8, bath inclusive, Block 2, Powers heights be and the same is hereby approved and the Mayor and Clerk are hereby directed to endorse the approval of the City of Dubuque upon said plat, provided: That Philip A. Powers and Mar• tha F. Powers, irusband and wife, and Harold 0. Specht and Leona K. Specht, I:usband and wife, sign the written acceptance and agree- irent hereto attached, agreeing to comply with all the terms and con- ditions contained in this resolu- tion, including the filing of a Surety Ccmrany Ferformance Bond in the amount of $7,500,00, accept able to the City Council, insuring the completion of the improve~ menu hereinbefore set out, all to be done with the approval of the City Manager, and further, that in the event the improvements are not made as herein contemplated, the City Council may proceed to make said improvements, collect the cost thereof from the Bond above referred to and-or by levy- ing aspecial assessment against the property involved. in the event of a special assessment, Philip A. Powors and Martha F, Powers, hus• band and wife, and Harold 0. Specht, their grantees or assigns, waive any and all rights they, or any of tlteiit, have or may have to object to the making of the improvements and special assess- ments and consent to pay their proportionate share of the actual cost thereof. Passed, adopted and approved this 1st. day of May, 1950. CLARENCE P. WELU Mayor ROMOLO N, RUSSO RICHARD L. WYTdES RAY KOLB RUBETQ V. AUSTIN Councilmen. Attest: J. J. SHEA, City Clerlc, ACCEPTA6gCE OF RESOLUTION ~®. 141•g0. The undersigned, Philip A, Pow- ers and ilsai•tha F. Powers, husband and wife, of Dubuque Township, Dubucpte County, Iowa, with full knowledge and understanding of Z2O Regular Session, May 1st, 1950 all of the terms and conditions of Resolution No. 141.50, hereby ac- cepts the same as adapted and agrees to abide by, comply with and carry cut all of the terms and conditions thereof. Executed at Dubuque, Iowa, this 2nd day of May, 1950. Philip A. Powers Martha F. Powers ACCEPTAi~C~ ®~ RCSOLUTiO.6d N0. 141.50. The undersigned, Harold 0. Specht and Leona K. Specht, hus- band and wife, of Dubuque Town- ship, Dubuque County, Iowa, with full knowledge and understanding of all the terms and conditions of Resolution No. 141-50 hereby ac- cepts the same as adopted and agrees to abide by, comply with and carry out all of the terms and conditions thereof. Executed at Dubuque, Iowa, this 2nd day of May, 1950. Harold 0. Specht Leona K. Specht Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Couneil- men Austin, Kalb, Russo, Wynes, Nays -None. R~SOLUTiO&~ S~SO. 142.50. Whereas, all of the owners of Block 1 and Block 2 in Powers Heights Addition, and Lot 2 of Lot 1 of Lot 1 of Lot A of Hillcrest Park, Territory now adjoining the City of Dubuque, have made Appli- cation in writing to the City Coun- cil of tlse City of Dubuque, attach- ing thereto a plat of such territory showing the situation thereof with reference to the existing limits of the City of Dubuque. And Whereas, the City Council, after due consideration, deemed it advisable that said territory should become a part of the City of Du- buque. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the City Council of the City o£ Dubuque, Iowa here- by assents to the application made by all of the owners of Block 1 and Block 2 in Powers Heights, and Lot 2 of Lot 1 of Lot 1 of Lot Ain Hillcrest Park requesting that said territory become a part of the City of Dubuque. Section 2. That the territorial limits of the City of Dubuque, Iowa be and they are hereby ex- tended to include Block 1 and Block 2 in Powers Heights, and Lot 2 of Lot 1 of Lot 1 of Lot A of Hillcrest Park in the vicinity of Asbury Road, by annexing to the City of Dubuque Block 1 and Block 2 in Powers Heights Addi• ticn; and Lot 2 of Lot 1 of Lot 1 of Lot A of Hillcrest Park. Passed, adopted and approved this 1st day of May, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RICHARD L, WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. Shea City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Wynes. Nays -None. (Avarding Contract) RESOLUT9Ofd N0. 12550. WHEREAS, proposals have been submitted by contractors for the improvement of Adair Street from the North property line of Loras Boulevard to the South property line of Rosedale Avenue pursuant to Resolution No. 94-50 and Ken- neth W. Caber Construction Com- pany, Galena, Illinois contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided far in the plans and specifications; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Caber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque far the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed j t a ~" ~:r a, •(:_- 4 Regular Session, May 1st, 1950 221 urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen Attest: J. J. SHEA, City Clerk. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays - None. (Awarding Contract) RESOLUTiOiq 6e1O. 126.50, WHEREAS, proposals have been submitted by contractors for the improvement of Asbury Road with curb and gutter as follows: (1) Beginning at the intersection of the southerly line of Asbury Road and the west corporation limits and running northwesterly along the southerly curb line of Asbury Road a distance of 159 feet. (2) Beginning at the intersection of the north line of Stout Road and the northerly line of Asbury Road and running northwesterly along the northerly curb line of Asbury Road to the west curb line of Avalon Road extended, pursuant to Resolution No. 75-50 and Ken- neth W. Gabes Construction Com- pany, Galena, Illinois contractor, has submitted the lowest bid for the furnishing of aIl labor and ma- terials and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Caber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELD ROMOLO N. RICHARD L RAY I{OLB RUBEN V. Mayor. RUSSO WYNES AUSTIN Councilmen. Attest: J. J. SHEA, City Clerk Councilman Russo moved the adoption of the resolution. Second- ed by Council Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. (Abvarding Contract) R~SOLUTiOtJ N0. 127.50. WHEREAS, proposals have been submitted by contractors for the improvement of Asbury Road with curb and gutter as follows: (1) Beginning at the intersection of the northerly line of Asbury Road and the west line of the alley connecting Asbury Road and Sem- inary Street and running north- westerly along the north curb line of Asbury Road to the intersection with the southerly curb line of Stout Road. (2) Beginning at the intersection of the corporation limits and the southerly lino of Asbury Road and running northwesterly along the southerly curb i_ine of Asbury Road to the east curb line of Avalon Road pursuant to Resolution No. 77-50 and Kenneth W. Caber Con- struction Company, Galena, Illinois contractor, has submitted the low- est bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above £= ~';; ~' 222 Regular Session, May 1st, 1950 mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resohttion being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one Lveek on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J, Shea City Clerk. Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by t`ne following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. (Awarding Contact} ~ RCSOLUYiOa~d 6qO. 128•S0, WHEREAS, proposals have been submitted by contractors for the improvement of Cannon Street from the west property line of South Locust Street to the east property line of Laurel Street pur- suant to Resolution No. 83-50 and Kenneth W. Gaber Construction Company, Galena, Illinois contrac- tor, has submitted the lowest bi`d for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed ttrgert and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor vVeht. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. {Awarding Contract) R~SOLPJFiOiy tdO. 129.50. WHEREAS, proposals have been submitted by contractors for the improvement of Decorah Street from the west property line of Audubon Streot to the east proper- ty itne of Aubmm Street pursuant to Resolution No. 98-50 and Ken- neth W. Gaber Construction Com- pany, Galena, Illinois contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract far the above mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said 4vork. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Regular Session, May lst, 1950 223 Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB ' RUBEN V. AUSTIN t Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Wynes moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: ~' Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. t i" s i f d 1' s z- 1 t ;" f a s {Awarding Contract) R~SOLDYiOi<d 690. 13050. WHEREAS, proposals have been ubntitted by contractors for the mprovement of Dexter Street corn the west property line of Au- ubon Street to the east property me of North Algona Street pur- uant to Resolution No. 92.50 and Kenneth W. Gaber Construction Company, Galena, Illinois contrae- or, has submitted the lowest bid or the furnishing of all labor and materials and performing the work s provided for in the plans and pecifications; now, therefore, BE IT RESOLVED by the City t. Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Gaber Construe- - '~" tion Company, Galena, Rlinois and the Manager be and he is hereby duetted to execute a contract on behalf of the City of Dubuque for the complete performance of said t, work. "> BE IT FURTHER RESOLVED that this resolution being deemed ~~- urgent and of immediate necessity become effective from and after its passage and adoption by t'~e City Council. Approved and placed an file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RICHARD L, WYNES RAY KOLR RUBEN V. AUSTIN Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Wynes moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. (Awarding Contracts) R~5OLUYiO1~ ~0. 131.50. Z'1HEREAS, proposals have been submitted by contractors for the improvement of Dillon Street from the east property line of South Grandview Avenue to the end of Dillon Street pursuant to Resolution No. 79-50 and Kenneth W. Gaber Construction Company, Galena, Rlofs contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, BE iT RESOLVED by the City Cottncil of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Rlinois and the manager be and lte is hereby directed to execute a contract on behalf of the City of Dubuque far the complete performance of said vrork. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Regular Session, May 1st, 1950 225 Passed and adopted this 1st day of May, 1950. CLARENCE J. WELU Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. (Awarding Contract) RESOLUTION N0. 132.50. WHEREAS, proposals have been submitted by contractors for the improvement of Fillmore Street from the west property line of Au• dubon Street to the east propel°ty line of Auburn Street pursuant to Resolution No. 96-50 and Kenneth W. Gaber Construction Company, Galena, Illinois contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi• cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said wm~k. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. (Awarding Contract) RESOLUTION N0. 133.50. WHEREAS, proposals have been submitted by contractors for the relocation of Fremont Avenue at Catfish Creek pursuant to Resolu- tion No. 100-50 and J. C. Costigan Construction Company, Elkader, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by- the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to J. C. Costigan Construction Cmnpany, Elkader, Iowa and the Manager be and he is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. (Awarding Contract) RESOLUTION N0. 134.50. WHEREAS, proposals have been submitted by contractors for the improvement of Laurel Street from the north property line of Grand- view Avenue to the north end of Laurel Street pursuant to Resolu- tion No. 90-50 and Kenneth W. Gaber Construction Company, Gal- ena, Illinois contractor, has sub- mitted the lowest bid far the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above i mentioned improvement be award- '. ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Wynes. Nays -None. (Awarding Contract) RESOLUTION N0. 135.50. WHEREAS, proposals have been submitted by contractors far the improvement of Sheridan Street from the south property line of Davis Street to the north property line of Groveland Place pursuant to Resolution No. 81.50 and Ken- neth W. Gaber Construction Com- pany, Galena, Illinois contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950. CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman. Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. (Awarding Contract) RESOLUTION N0. 136.50 WHEREAS, proposals have been submitted by contractors for the improvement of the following streets: (1) Solon Street from the east I property line of Alpine Street to - ~, firl III I ~ I I ~ I I z ~; - - _ I Ili I I ~~ i i ' ~I i ~ -_ - _- - - -~ . -- -- _- I~,I i l'~~f ~~,, i Ali 'IC'I li IIII, ilil '~ ~I~~ i~ ' I :II~ II ~~ill ~Iqi~~ ~~ ~~~ '~ '~ Cl lid l l ~ `;'iiG I _-- -- ~; - ; -_ i ', I'~ 226 .Regular Session, May 1st, 1950 the west property line of the al- ley first east of Lois Street. (2) Lois Street from the south prop- erty line of Solon Street to the north property line of Reeder Street. (3) Reeder Street from the east property line of Alpine Street io a point 180 feet east pursuant to Resolution No. 73-50 and Kenneth W, Gaber Construction Company, Galena, Illinois contractor, h a s submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and spec- ifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Kenneth W. Gaber Construc- tion Company, Galena, Illinois and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of innnediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 24th, 1950. Passed and adopted this 1st day of May, 1950, CLARENCE P. WELU Mayor ROMOLO N. RUSSO RICHARD L, WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. '~ Nays -None, (Awarding C®rcfractr) RESOLUTI®N N®. 137.50 WHEREAS, proposals have been submitted by contractors for the construction of a 70' x 22' I•Beam bridge spanning Catfish Creek at Fremont Avenue pursuant to Reso- lution No. 102.50 and A. Olson Construction Company, Waterloo, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and per• forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned itripi~ovement be award- ed to A. Olson Construction Com• 'pony, Waterloo, Iowa and the Man- ages be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE dT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week an April 24th 1950. Passed and adopted this 1st day of May, 1950, CLARENCE P. WELU Mayor. ROMOLO N, RUSSO RICHARD L. WYNES RAY KOLB RUBEN V, AUSTIN Councilmen, Attest: J, J. SHEA City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kolb. Caried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Wynes. Nays -None. €I~S®LUTI®N N0. 143.50. BE IT RESOLVED by the Citq Council of the City of Dubuque that the following, having compli• ed with the provisions of law re- lating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes ant cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Clarence Whitham, 1842 Central Avenue. i t t F t t_, r Regular Session, May 1st, 1950 227 BE IT FURTHER RESOLVEll that the bond filed with the appli- cation be approved, Passed, adopted and approved this 1st day of May, 1950. CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RICHARD L. WYNES RAY KOLB RUBEN V, AUSTIN Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes, Nays -None, RESOLUTION N0. 144.50. WHEREAS, applications f o Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be is- sued upon the compliance with the terms of the ordinances of this City. CLASS "~" P~RR91T Clarence Whitham, 1842 Cen• tral Avenue Martin Meyer and Vernon Mey- er, 530 East 22nd Street Dell Warren and Ralph Warren, 1700 Central Avenue Lester M. Lochner and Larry B. Kemp, 1200 Iowa Street CLASS °C" P~ROV1tT Carl Van Duelman, 590 Semin- ary Street Passed, adopted and approved this 1st day of May, 1950. CLARENCE P. WELU Mayor, ROMOLO N, RUSSO RICHARD L. WYNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J, SHEA City Clerk. Mayor Welu moved the adop- tion of the resolution, Seconded by Councilman Kolb. Carried by the following vote: YQas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. RRS®LUTION N0. 145.5A. WHEREAS, heretofore appli~a- 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 rsecupizd by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: T~10W, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit, CLA55 mar P~RPJi9T Clarence Whitham, 1842 Cen• tral Avenue Martin Meyer and Vernon Mey- er, 530 East 22nd Street Dell Warren and Ralph Warren, 1700 Central Avenue Lester M. Lochner and Larry B. Kemp, 1200 Iowa Street CLASS "C" P~P.NaOT Carl Van Duelman, 590 Semin- ary 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 1st day of May, 1950. CLARENCE P, WELU Mayor, ROMOLO N. RUSSO RICHARD L, WYNES RAY KOLB RUBEN V. AUSTIN Councilmen, Attest: J, J. SHEA City Clerk. Councilman K o 1 b moved the adoption of the resolution, Second- ed by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Councilman Wynes moved that the Mayor be authorized to issue a Proclamation relative to the observance of National Defense Week from May 13th to 20th and 228 Regular Session, May 1st, 1950 of Armed Forces Day on May 20th, 1950, Seconded by Coun- cilman Austin, Carried by the fol- lowing vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Councilman Russo moved that the City Manager and City Solici- tor be instructed to advise the City Council as to the necessary steps to be taken for the construc- tion of a Municipal Stadium. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Wynes, Carried by the following vote: Yeas -Mayor Welu, CounciI- men Austin, Kolb, Russo, Wynes. Nays - None. J. J, SHEA, City Clerk. Approved .............. 1950. Adopted ................ 1950. Councilmen .................................... l ...................................... Attest : ...................... City clerk. Special Session, May 15th, 1950 229 (Official) Special Session, May 15th, 1950. Council met at 7:30 p.m, Present -Mayor Welu, Coun- cilmen Austin, Kolb, Russo, Wynes City Manager Rhomberg. Meeting called by order of Coun- cilmen Russo and Wynes. Mayor Welu read the call and stated that service thereof h a d been duly made and that this meet- ing is called for the purpose of conducting a public hearing on the proposed plans, specifications, and, proposed form of contract for the construction of improvements and extensions to the Municipal Water works of the City of Dubuque, Iowa, and of the taking of bids therefor and acting on any other business as may properly come be- fare a regular meeting of the City Council. Proofs of publication, certified to by the publishers of The Des Moines Register (daily) and The Telegraph-Herald newspapers, o f notice of public hearing on pro• posed plans, specifications and pro posed form of contract for the con- struction of improvements and ex• tensions to the Municipal Water- works of the City of Dubuque, Iowa, and of the taking of bids thereon, presented and read. Coun- cilman Russo moved that the proof of publication be received and fil- ed, Seconded by Councilman Wyn- es. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes Nays -None. Communication of the Dubuque Real Estate Board advising that they are heartily in favor of the new intermediate water system to provide adequate pressure and vol• ume for the developmnt of the northeasterly part of the city, pre• sented and read. Councilman Russo moved that the communication be received and filed. Seconded by Councilman Wynes, Carried b y the following vote: Yeas -Mayor Welu, Council men Austin, Kolb, Russo Wynes. Nays -None. RESOLUTION N0, 146.50, WHEREAS, proposed plans and specifications and form of contract for the (1) Furnishing of all ma- terial, labor, tools and equipment for fabricating, delivering, erect- ing, and painting a 500,0D0 gallon capacity, double ellipsoidal, steel, elevated water storage tank, 100 feet from tap of foundations to overflow (2) Furnishing of all labor, tools, materials and equip- ment necessary to construct the foundation fora 500,000 gallon elevated steel water storage tank, have been approved by the City Council in the City of Dubuque, Iowa and public notice given as provided by the 1946 Code of Iowa pertaining to the public contracts and bonds and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract far cost of such im- provements, said time being this 15th day of May 1950; and WHEREAS, the City CaunciI met in special session this 15th day of May 1950 at 7:30 o'clock p.m. at the Council Chamber in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to b e made; and WHEREAS, all interested part- ies have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council, City of Dubuque, Iowa, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein describ- ed and proposed to be made, be 'and the same are hereby overrul- ed and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this council upon all objections which have been filed to the plans, specifications and 230 Special Session, May 15th, 1950 form of contract for or cost of said improvememt be made a mat• ter of permanent record in con- nection with said improvement Passed, adopted and approved this 15th day of May 1950. CLARENC EP. WELIi Mayor. ROMOLO N. RUSSO RICHARD L. ~5'YNES RAY KOLB RUBEN V. AUSTIN Councilmen. Attest: J. J. SHEA City Clerk Councilman Wynes moved the adoption of the resolution, Sec- onded by Councilman Kolb. Car• ried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. RESOLUTION iqO. 147.50, BE IT RESOLVED by the City Council, of the City of Dubuque, Iowa WHEREAS The City of Dubuque of the County of Dubuque, and State of Iowa pursuant to an ad~ vertisement for bids on the fur• nishing of all labor, tools, ma• terials and equipment necessary to construct the foundation fora 500; 000 gallon elevated steel water storage tank in Eagle Point Park, heretofore advertised on the 14th and 21st day of April 1950, did on the 15th day of May 1950 at 7:30 o'clock p,m, at the City Clerk's office in the City Hall, in Du• buque, Iowa, receive bids for ttte constructing of foundation far a 500,000 gallon elevated tank, which said bids v/ere taken under advise- went by the City Council. I WHEREAS the base bid of K- M Construction Co, of Dubuque, Iowa for the constructing of fouti'- dation for elevated storage tank is the lowest and best bid submitted by any responsible bidder, NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCH, OF THE CITY OF DUBUQUE, L4:, that the contract for the construct• ing of foundation for elevated tank in the amount of seven thou- sand nine hundred thirty nine dol- lars thirty cents $7,939.30 b e awarded to K-M Construction Co., Dubuque, Iowa PROVIDED however, that this contract shall not be effective iln• til K-M Construction Co. Dubuque, Iowa shall have been notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall become effective from and after its final passage and adop• tion by the City Council, Approved and placed on file for one week on May 15th 1950, Councilman Wynes moved that the resolution be approved and placed on file for one week. Sec• onded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Wynes_ Nays -None, RE5OLUTIO[q FlO. 148.50, BE IT RESOLVED by the City Council, of the City of Dubuque, Iowa, WHEREAS The City of Dubuquo of the County of Dubuque, and State of Iowa pursuant to an ad- vertisement for bids on the fur• nishing of all material, labor, tool$ and equipment far fabricating, de- livering, erecting, and painting a 500,000 gallon capacity, double el• lipsoidal, steel, elevated water storage tank, in Eagle Point Park, heretofore advertised on the 14th and 21st day of April, 1950, did on the 15th day of May 1950 at 7:30 o'clock p.m, at the City Clerk's office in the City Hall, in Du• buque, Iowa, received bids for the furnishing of a 500,000 gallon ele• voted water storage tank, which said bids were taken under advise.• went by the City Council. WHEREAS the base bid of Pitts- burgh-Des Moines Steel Co, of Des Moines, Iowa for furnishing of ele• voted water tank is the lowest and best bid submitted by any respon- sible bidder, NOW THEREFORE, BE IT RFr SOLVED BY THE CITY COUNCH, GF THE CITY OF DUBUQUE, IA., that the contract for the furnish- ing of elevated water tank, in the amount of Sixty one thousand, two lmndred fifty dollars no cents $61,• 250.00 be awarded to Pittsburgb- Des Moines Steel Co, Des Moines, Iowa PROVIDED however, that this contract shall not be effective un• Special Session, May 15th, 1950 231 til Pittsburgh-Des Moines Steel Co, Des Moines, Iowa shall have been notified in writing by the City Manager of such award, BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall becom effective from and after its final passage and adoption by the City Council. Approved and placed on file for cne week on May 15th 1950. Councilman Russo moved the resolution be approved and placed on file for one week. Seconded by Councilman Kolb, Carried by thv fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of City Water Department, J. J. Hail, Superin- tendent, recommending that the Council consider an increase in water rates and make such increas- ed effective in the near future since part of the improvements embraced in Stage One are already in progress and the need far the funds to finance such work is rapidly developing, presented and read. Mayor Welu moved that action on the communication be deferred until the Council meeting of May 22nd, 1950. Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, Councilman Russo moved that the rules be suspended far the purpose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Wynes, Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Ifolb, Russo, Wynes. Nays -None. Petitions of Mrs. Elizabeth Young and others, property own- ers in the Park Hill District, re- questing that immediate attention be given to having bus service ex- tended to the Park Hill District, presented and read. Mayor Welu moved that plats and schedules be prepared for the improvement of the various streets in the Park Hill District which will be served by the proposed bus routes. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Original Notice of Suit of Mary Kenneally, Plaintiff VS. City of Dubuque, Defendant, in the amount of $10,000.00 for damages resulting in a fall on an icy sidewalk on the nm-th side of Eighth Avenue in front of the premises known as the Metropolitan Shee Repair Shop at 229 Eighth Avenue and in front of the entrance to Walgi~een Drug Company, presented and read. Councilman Russo moved that the Original Notice cf Suit be referred to the City Solicitor. Seconded by Mayor Weln. Carried by the following vote: Yeas -Mayor Wept, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Notice of Claim of Josenh G. Benner in the amount of $19.30 for damages to his car caused in striking a hole ,~ the street in front of 1957 University Avenue, presented and read. Councilman Wynes moved that the ~lotice of Claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, P~usso, Wynes. Nays -None. Communication of Mrs. Carl B. Naught submitting a bid in the amount of $500.00 for the purchase of Lots 11, 12, 13 and 14 of Qttigley's Sub. 712, presented and read. Councilman Russo moved that the communication he referr- ed to the Council to view the grounds, Seconded by Mayor Welu. Carried by the following vote: Yeas -- Mayor Welu, Council- men Austin, Kolb, Russo, Wynes, Nays -None, Communication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted an offer of $150.00 made by Jerome Burrottg~iss on Lots 16, 17 and 18 of So~ith Avenue Addi- tion, presented and read. Council- man Wynes moved that the com- munication be referred to the ~~ ', 232 Special Session, May 15th, 1950 Council to view the grounds. Sec- onded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of Harold L. Mc- Carron advising that they would like curb and gutter constructed on York Street, presented and read. Councilman Russo moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Wynes. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of Mrs. A. C. Daniel with reference to dogs be• ing allowed to run at large and asking that an ordinance be adopt- ed and enforced covering the same, presented and read. Mayor Welu moved that he Ctty Manager and City Solicitm• be instructed to pre- pare and submit an ordinance to the City Council_ prohibiting the running at large of dogs and also to submit to the City Council their recommendation as to the enforce- ment of said ordinance. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men, Austin, Kolb, Russo, Wynes. Nays - None. Petition of Lottis M. Holz with reference to the proposed installa- tion of curbs and guters and the resurfacing of Laurel Street and requesting that the curb line re- main the same as it has been in years past instead of being moved three feet toward his lot line, presented and read. Councilman Russo moved that the petition be referred to the City Engineer for investigation and report. Seconded by Councilman Irolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays - None. Petition of the Stoetzel Detec- tive Agency and Merchant Patrol System asking Council approval with reference to the services to be rendered to the merchants of Dubuque by their lllerchant Patrol System, presented and read. Coun- cilman Russo moved that the peti- tion be received and filed. Second- ed by Mayor Welu. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Wynes. Nays -None. Petition of the National Head- quarters of Disabled American Vet- erans, Cincinnati, Ohio, requesting permission to show a mobile ex- hibit in the City of Dubuque for a short period within the next sixty days, presented and read. Council- man Russo moved that the peti- tion be referred to the City Man- ager for the purpose of granting the request providing no conflict- ing dates exist. Seconded by May- or Welu. Carried. by the following vote: Yeas -Mayor Wharton, Council- men Austin, Kolb; Russo, Wynes. Nays -None. Petition of Veterans of Foreign Wars, Washington, D. C. requesting permission to display one of their mobile war exhibits in the City of Dubuque, presented and read. Coun- cilman Russo moved that the peti- tion be referred to the City Man- ager fm• the purpose of granting the request providing no conflict- ing dates exist. Seconded by May- or Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays - None. Petition of the Memorial Day Committee, By Geo. C. Flanders, Chairman, requesting permission for the holding of a Memorial Day Parade on May 30, 1950 and also suggesting that the City contribute the sum of $150.00 to help defray expenses, presented and read. Councilman Wynes moved that the request for holding the Memorial bay Parade be granted. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of C. A. Schmidt and others requesting that the City Council demand that such steps betaken as are necessary to elimin- ate the sawdust nuisance created by Farley and Loetscher Mfg. Co., without further delay, as said nuis- ance is in violation of a City ordi- ~; ~; E t Special Session, May 15th, 1950 233 nonce, presented and read. Council- man Russo moved that he City Manager be instructed to confer with the officials of the Farley and Loetscher Mfg. Co, for the pur• pose of arranging a meeting to discuss the sawdust nuisance corn- plained of and that Mr. C. A. Schmidt and ali other interested persons be invited to attend this meeting. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Harold J. Badger and others requesting the closing of the alley between Lot 28 in Miner- al Lot 147 of Stewarts Sub. and Lot 2 of 2 of the Sub. of Lots 19, 20, 21 in Mineral Lot 147 of Stew- arts Sub. extending from York Street to the rear of the above named Lots and also asking that title be conveyed to the abutting property owners, presented and read. Mayor Welu moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Russo. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Petition of Howard J. Kellard and others requesting the rezoning of Lots 4 and 5 of Mettel's Sub- division from Two Family Itesi- deuce Classification to Local Busi- ness District Classification, present- ed a;td read. Councilman Russo moved that the petition be referr- ed to the Planning and Zoning Commission for their recommenda- tion and report. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Frank J. Paar request- ing arefund in the amount of $100.00 on the unespued portion of his Class `B" Beer Permit No. 134, as he has discontinued business on May I, 1950, presented and read. Councilman Russo mov- ed that rho request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Frank J. Paar to cover the amount of re• fund granted on the unexpired por- tion of his Class "B" Beer Permit No, 134. Seconded by Councilman Kolb. Carried by the following Vote: Yeas -Mayor Welu, Council- men Austin, Koib, Russo, Wynes. Nays -None. Petition of Louis A. Heine and others requesting the construction of concrete crabs and gutters on Mullin Road, presented and read. Councilman Wyn?s moved that a plat and schedule be prepared showing the amounts to be assessed against property corners for said improvement. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of the Dubuque Fire Fighters Association Local No. 353 requesting that they be granted an increase of twenty dollars per month to becomo effective June i, 1950, presented and read. Council- man Russo moved that the peti- tion be referred to the City Coun- cil far consideration at the time that the tax levies are being con- sidered. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor W'elu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of City Employees Lo- cal 228 requesting that they be granted a 15 percent increase in salary for all employees of Local 228, presented and read. Council- . man Russo moved that the petition be referred to the City Council for consideration at the time the tax levies are being considered. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of the Dubuque Police- men's Protective Pssociation re- questing that the City Council give due consideration to the possibility of an adequate pay increase for members of the Dubuque Police Department, presented and read. I Councilman Russo moved that the petitiau be referred to the City Council for consideration at the time the tax levies are being con- sidered. Seconded by Councilman Wynes, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Councihnan Russo moved that the City Manager be instructed to prepare and submit, in advance, to each member of the City Council an outline of the proposed budget, which is used as a basis for tite various tax levies. Seconded by Councilman Wynes. Carried by the following vote: Yeas -Mayor VJeltr, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of August Lubs request- ing the extension of Rornona Street through his property and stating that in order to accomplish the same that he would donate a strip of land forty feet ~ across his property, presented and read. May- or Welu moved that the petition be referred to the Planning and Zon- ing Comnnssion for their recom- mendation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Mary Kingsley and others requesting the rezoning of the property on the east side of Bryant Street commonly known as Grassel's quarry, presented and read. Councihnan Wynes moved that the petition be referred to the Planning and Zoning Commis- sion for then recommendation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Communication of the League of Iowa Municipalities advising that a disaster meeting is being called by the American Red Cross to be held at Des Moines, Iowa, on P(tay 25th, 1950, and extending an invi- tation to the City of Dubuque to be represented at this meeting, presented and read. Mayor Welu moved that he communication be received and filed. Seconded by ~. Counciltr~an Kolb, Carried by the following vote: Yeas -Mayor Welu, Council- risen Austin, Kolb, Russo, Wynes. Nays -None. Petition of Charles F. Sonnen- berg and others requesting the construction of curbs and gutters on Green Street from Asbury Road to west city limits, presented and read. Mayor Welu moved that a plat and schedule be prepared showing the amounts to be assess- ed against property owners for said improvement, Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Rttsso, Wynes. Nays -None. Petition of the Central Avenue Business District Council request- ing the installation of "Walk" lights at the intersection of Loras Boulevard and Central Avenue, presented and read. Mayor Welu moved that the request of the Cen- tral Avenue District Council for the installation of "Walk" lights at the intersection of Loras Boule- vard and Central Avenue, also the request of the City Council that Stop and Go lights be installed at the intersection of Loras Boule- vard and Main Street and also the request of the City Council that the Stop and Go lights at Fourth and Main Streets be again placed in operation to replace the present flicker lights be referred to the Police Department for recommen- dation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Petition of Mrs. Marie Williams and others requesting the grading of Avoca Street from the north street line of Seminary Street to south street line of Hoyt Street and also Hazel Sheet from west line cf Avoca Street to east line of St, Ambrose Street and that sower and water mains be installed on said streets, Councilman Wynes moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman 1 3,. q 1. Special Session, May 15th, 1950 235 Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. Performance Bond of Philip A. and Martha F. Powers in the amount of $7,500,00 for the furnish- ing of all labor and material for the improvement of Valleyview Road, Hillcrest Road and Avalon Road (west side), presented and read. Councihnan Russo moved that the bond be approved and placed on file, Seconded by Ccun- cilman Wynes. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, May 9, 1950 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the pro- visions of the Code of Iowa, 1946, the Civil Service commission con- ducted an entrance examination on April 24, 1950 for those seeking positions on the Police De- partment. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointments as members of the Police Department. Name Average Donald E, Lehnertz ................77~/s% J. J, Skahill ..............................73r/a% Respectfully submitted, C, S. Harker E B. Lyons Commissioners Attest: J. J. Shea City Clerk, Subscribed and sworn to before me a Notary Public this 9th day of May, 1950, Geraldine L. Jenni Notary Public. Mayor Welu moved that the re- port of the Civil Service Commis- sion be received and made a mat- ter of record. Seccnded by Coun- cilman Wynes, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None, May 12, 1950. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The Planning and Zoning Com• mission reviewed carefully the sub• ject matter of attached petition of Mrs. John C. Kassmeyer including a vie=wing of the site, and respect- fully recommends to your Honor- able Body denial of the petition. It appears to the Planning and Zoning Commission that the peti- tioner's property is adequately serv- ed by the alley first westerly of and running parallel to English Lane and which connects with English Lane over Robin Street, The latter is parallel to and about a half block east of the alley, the vacation of which is being ques- tioned. Yours truly, DU~UOIU~ PLAf~~dlP9G AND Z0~!!!~G COMMIlSSlOId Richard V. McKay Secretary Councilman Russo moved that the communication of the Planning and Zoning Commission be referr- ed to the Council to view the grounds. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Weltr, Council- men Austin, Kolb, Russo, Wynes. Nays- None. May 12, 1950 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: With reference to attached pe- tition of Frank and Marie Lange dated April 24, 1950 requesting va- cation of Decorah Street easterly of the east line of Adair Street, the Planning and Zoning Commis- sion respectfully recommends to your Honorable Body denial of the petition. The Commission can see no rea- son for the City to release this valuable piece of property at any time without receiving proper com- pensation. Yours truly, DU6U(~Up PLAhlIg1~9G AND ZO!*flP1G CO~d~,9lSSlOPI Richard V. McIfay Secretary Councilman Russo moved that the recommendation of the Plan- 236 Special Session, May 15th, 1950 ping and Zoning Commission be received and made a matter of record and that Mi. Lange be advised of the action taken by the City Council. Seconded by Coun- cilman Wynes. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays - Nane. May 11, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Subject: Petition of Andrew Fon- dell and others concerning tlae width of Prescott Street referred to City Engineer for investigation and report at Council meeting of May 1, 1950. Gentlemen: In compliance with your instruc- tions, the writer has made an in- vestigation of subject street width and respectfully submits the fol- lowing report: (1) A thorough search of the Council Records from 1855, the year that the original plat of Eagle Point or Ham's Addition was filed for recut°d, up to the present time reveals no Council action with re- gard to the established width of Prescott Street. Prescott Street has successfully been known as Bluff Street, as of°iginally platted, Adams Avenue or Street, this change was made sometime be- tween 1855 and 1388, and finally Prescott Street, by ordinance dated April 15, 1921. (2) The botmdaries of the original plat of Eagle Point or Ham's Addn. as filed for record February 24, 1855, do not include the Prescott S~reet blocks, (3) The plat of addition to Eagle Paint or Hatn's Addition filed Feb- ruary 23, 1859 does include Pres• cott Street; however, street and alley widths are not noted. All streets as drawn on this plat scale 64 feet in width with the excep- tion of Prescott Street, which scales 50 feet in width. (4) A plat prepared from a sur- vey made for the purpose of sub- dividing lot 575 0,`. Ham's Addn, by M. Tschirgi, Jr., civil engineer and surveyor, files November 26, 1875, shows a width dimension of 50 feet for Prescott Street abut- ting said lot, (5) A plat of Eagle Foint or Ham's Addn, filed February 11, 1887, upon which appears only the surveyor's certificate, there being no dedication ar acknowledgment, shows width dimensions on all streets within the addition of 64 feet, including the southerly end of Prescott Street. Again, how- ever, the scale to which the plat is drawn indicates a width of 50 feet on Prescott and 64 feet on all other streets. (6) A plat prepared from a sur- vey made for the purpose of creat- ing L. Cota's Place by Paul Ilg, surveyor, filed December 29, 1920, gives the dimension for the width of Prescott Street as 50 feet. (7) A map of Eagle Point or Ham's Addn, bearing the date 1854, a copy of which is attached, pre- parod for the purpose of offering the property within the Addition far solo by WaIlrer and Rhomberg, real estate agents, shows the width of Prescott (then Bluff) Street as 50 feet. This map appears to be a composite of the plats described under numbers (2) and (3) above. It is highly probable that the property abutting Prescott Street was purchased by individual buy- ers during this period with the understanding that the street width teas 50 feet as shown on this map. (8) A search of the files and records in the City Engineer's of- fice produced no additional perti• pent information on the subject, It is the conclusion of the writer, therefore, after careful considera- tion of the above factual evidence, that the width of Prescott Street was intended to be 50 feet from the time of its first appearance on a plat in 1859 notwithstanding the fact that all other streets in the addition are 64 feet and also the appearance, in the one instance noted, of the figure 64 on Prescott Street. Respectful>S~ submitted, R, J. Gallagher, City Engineer Councilman Russo moved that the communication of City Engi- neer Gallagher be received and made a matter of record. Second- ed by Mayor Welu. Carried by the following vote: Special Session, May 15th, 1950 237 Yeas -Mayor Welu, Council- men Austin, Koib, Russo, Wynes. Nays - None. May 12, 1950 To the Honorable Mayor and City Council City of Dubuque, Iowa Gentlemen: At the May 1 session of the City Council, the petition of Lloyd Bur- kart requesting extension of water mains along Highway 20 was re• ferred to me for investigation and report. This would necessitate the laying of approximately 1190 feet of 12" water main. The last 300 feet of this distance would be in front of PIIr, Burkart's lots. The total cost of this project would be approxi- mately $7,140.00 which would be quite expensive For five new cus• tourers. Permission and necessary arrangements will have to be made with the Highway Commission when this water main is laid. I recommend that this applica- tion be given consideration on our next year's program as it is part of Stage Three as submitted by our consulting engineers. Respectfully submitted, J. J. Hail Superintendent Councilman Russo moved that the recommendation of Water Sup- erintendent Hail be approved, Sec- onded by Mayor U1elu. Carried by the following vote: Yeas -Mayor Wehi, Council- men Austin, Kolb, Rttsso, Wynes, Nays -None. May 5, 1950 Honorable Mayor and Members of the City Council City of Dubuque, Towa Gentlemen: With reference to the applica- tion submitted to the council re- questing exhaust stacks on diesel buses operated on the City of Du- buque streets, we have made a research on this question and find that there is no authority for the City Council to compel the owners of diesel buses to install and erect exhaust stacks on theh~ buses. Yours truly, John J. Kintzinger City Solicitor. Councilman Russo moved that the report of City Solicitor Kint- zinger be approved, Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following band and policy and desire to have your approval an same for filing: ~XCA9IAYI®R! Geo. I. Beeves, 2531 Windsor Avenue, Bond No. 218160, Western Surety Company, Blade and Tzlhite, Yellow and Checker Cab Co., Inc., 410 Eighth Avenue, Policy No. LAC 3.1931 Fireman's Fund Indemnity Co. Respectfully submitted, A. A, Rhomberg, City Manager, Councilman Russo moved that the bond and policy be approved and placed on file, Seconded by Councilman Wynes, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting held May 1, 1950, the petition of Dr. B. R. Bahme and others requesting the construction of curb and gutter on Tressa Street easterly from McLel- lan Street together with petition of Dr. B. B. Bahme concerning storm water drainage at 837 Disney Street were referred to the Council to view the premises. The Council having viewed the property decided to have a plat and schedule prepared for the im- prcvement of Tressa Street and a plan made for the handling of storm water drainage, I recommend that these deci- sions of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved, Sec• 238 Special Session, May 15th, 1950 onded by Mayor Welu, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Wynes. Nays -None. May 15, 1950 To the Honorable Mayor and City Couneil, Dubuque, Iowa. Gentlemen: At the meeting of April 24th the request for street light at Arling• ton and Highland Streets, and at the meeting of May 1st the request far lights on Southern Avenue south of Grandview Avenue, the request for an additional light on Wilson Street between West Fifth and Eighth Avenue, and the re- quest for an additional light on Alta Vista Street between Kirk- wood Street and Science Hall at Loras College were referred to the Council to view the locations. The Council having viewed the premises decided as follows: 1) To order the installation of an overhead street light at Ar- lington and Highland Streets. 2) To order the installation of two street lights on Southern Ave- nue south of Grandview Avenue, one at the intersection of Southern Avenue and Dunleith Court and the other near the base of the hill on Southern Avenue. 3) To rearrange the present light- ing on Wilson Street between West Fifth and Eighth Avenue. 4) To rearrange the present light- ing on Alta Vista Street at Kirk- wood Street. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wynes. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, I{olb, Russo, Wynes. Nays -None, May 15, 1950 To the Honm~able Mayor and City Council, Dubuque, Iowa. Gentlemen: At ±he meeting of April 24th, the request of the Sisters of Char- ity at Clarke College for permis- sion to erect a fence as an en- croachment upon Seminary and West Locust Streets was referred to the Council to view the grounds. The Council having examined the property decided to request a written opinion from the City Soli- citor on its right to permit such encroachment. I recommend that this decision of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Mayor Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Kolb. Carried by tine fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Wynes. Nays -None. May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of April 24th, the petition of Mrs. Joseph Walter and others request- ing the improvement of access to Carroll Street was referred to the Council to view the premises, The Council having viewed the location decided to have a plat and schedule prepared for the improvement of Carroll Street and its connection to Broadway Extension. I recommend that this decision of the Council be confirmed. Respectfully submitted, A. A, RHOMBERG, City Manager Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of April 24th the request of Albert Fluckiger for the installation of sewer and water facilities in Huff Street south of Railroad Avenue was referred to the Council to view the grounds. The Council having looked over the situation decided to permit the installation of sewer and water in the street at the ex- pense of the petitioner, Special Session, May 15th, 1950 239 I recommend that the decision of the Council be confirmed and that the installation of the sewer be covered by the passage of the attached Resolution. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Kolb moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. RESOLUTION N0. 14~-a0 WHEREAS, Albert Fluckiger has filed an application with the City Council, requesting permission to construct a sanitary sewer in Huff Street from the present sewer in Railroad Avenue to serve the South 362 feet of the West 100 feet of Block 29 of Dubuque Har- bor Company's Addition under cer- tain stipulated conditions: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to Albert Fluckiger to construct a sanitary sewer in Huff Street ap- proximately 155 feet southerly from the present sewer in Railroad Avenue. Section 2. That the construction of said sewer, which includes the type and size of pipe and the loca- tion thereof, shall be done only under the supervision of the City Engineer, Section 3, That the total cost of the construction of said sewer shall be paid by Albert Fluckiger, and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the expense of Albert Fluckiger and said Albert Fluckiger shall be held responsible for any and all damage which may arise out of the construction there- of, failure to properly guard the excavations and restore the street to the condition it was in before the construction began, Section 5. That after said sani- tary sewer has been constructed, all persons having property along and adjacent to said sewer shall have the right to connect there- with, but such right shall only be granted upon proper application be- ing made to the City Council and by paying to Albert Fluckiger, his successors or assigns, or deposit- ing in the office of the City Clerk for Albert Fluckiger, the appli- cant's proportionate part of the cost of constructing said sewer based on the linear frontage of his property abutting on said street, but in no event shall the amount to be paid by the applicant exceed the amount that may be levied under law for the construc- tion of said sewer, Within 60 days after completion of said sewer Al- bert Fluckiger shall file with the City Clerk a certified statement showing an itemized account of the cost thereof, Section 6. That this resolution shall b2 effective and in force and effect from and after its passage and adoption by the Council and written acceptance thereof by the applicant. Passed, adopted, and approved this 15th day of May, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk ACCEPTP,NCE OF RESOLUTION Albert Fluckiger, having read the foregoing Resolution and hav- ing full knowledge of the terms and conditions thereof, hereby ac- cepts the same as adopted and agrees to comply with all the terms and conditions and assume all liabilities imposed by them in- cluding these set forth in Section 4. Executed this 17 day of May, 1950. ALBERT FLUCKIGER Councilman Wynes moved the adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. 240 Special Session, May 15th, 1950 May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of May 1st the request of Mrs. C. Krier for the repair of the alley ad- jacent to 1909 Elizabeth Place and connecting Elizabeth Place with Cox Street was referred to the Council to view the grounds. The Council having viewed the alley decided to have minor re- pairs made to the alley. I recom- mend that this decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of April 17, the petition of James W. Turner and E. S. Terry requesting the construction of curb and gutter on Hale Street west of Algona Street was referred to the Council to view the grounds, The Council having examined the street decided to have a plat and schedule prepared for such improvement. I recommend that this decision of the Council be confirmed. Respectfully submitted, A. A, RHOMBERG, City Manager Mayor Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Dubuque, Iowa, May 15, 1950 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Cade of Iowa, 1945, Permanent Registration, I hereby recommend for your ap- proval the appointment of the fol- lowing named persons to serve as Clerks of Election for each pre- cinct, who shall have charge of the election register for the June Pri- mary Election of June 5th, 1950. Democratic-First, Mrs. Joseph- ine O'Brien; Second, Mrs. Meretta Donegan; Third, Mts. Vera McAl- lister; Fourth, Mrs, Eleanor Freund; Fifth, Mrs. Laura E. Hoh- mann; Sixth, Mrs. Lillian Fleege; Seventh, Mrs. Cecelia Vleber; Eight, Mrs. Anna Weber; Ninth, Mrs. Belle Leidinger; Tenth, Mrs, Stella Ball; Eleventh, Mrs. Ida Pdurray; Twelfth, Mrs. Marie Sand; Thirteenth, Mrs. Freda Foell; Fourteenth, Mrs. Veronica Agard; Fifteenth, Mrs. Minnie Lucas. Republican-First, Mrs, Lillian A. Jones; Second, Mrs. Geo. R. Fox; Third, Mrs. Eunice Kilby; Fourth, Mrs. Lois Deich; Fifth, Mrs. Sadie Trader; Sixth, Mrs. E. G. Forward; Seventh, Mrs, Alexia Hanley, Eighth, Mrs. Jane Fuhrman; Ninth, Mrs. Edna Widdowson; Tenth, Mrs, Hattie Donatsch; Eleventh, Miss Carrie Saunders; Twelfth, Mrs, El- roy Grashorn; Thirteenth, Mrs. Marguerite Liddle; Fourteenth, Mrs. Art Bohn; Fifteenth, Mrs. Helen Hohnecker. Respectfully submitted, J. J. SHEA, Commissioner of Registration, Mayor Welu moved that the recommendation of Commissioner Registration Shea be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None, May 15, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The purpose of this report is to acquaint the Council with the present status of voting precincts and permanent registra- tion matters, The City was divided into fifteen precincts in September, 1924 in- stead of the five wards that had previously been the voting divi- sions, This came about as a result s,~w ~: Special Session, May 15th, 1950 241 of an extensive survey and report by a committee composed of Louis Mwphy, Henry J, Iiaep, J, L, Meyer and C, B. Scherr, This committee drew the boundaries far the fif- teen precincts with a view to hav- ing approximately 1,500 potential voters in each° Several years later in 1929 per- manent registration was establish- ed in the City. With the popula- tion growth that Dubuque has ex- perienced in recent years, a defin- ite need exists for review of the boundaries of precincts, This popu- lation growth has not occurred uni- fm•mly in the various precincts with result that the situation no longer prevails of having anywhere near equal numbers of voters in the various precincts, In addition, there are now up- wards of 23,000 registered voters whereas in 1929 the number was somewhat morn than half of this amount. It is our belief that the handling of voting registration has now reached such proportion that an assistant deputy should be em- ployed to handle it. In view of the above, it is our recommendation that the Council take steps to undertake a compre- hensive study of proper voting pre- cincts artd to provide for the em- ployment of a duly authorized Clerk of Registration. Respectfully submitted, A. A, RHOMBERG, City Manager J. J. SHEA, City Clerk Councilman Wynes moved that the recon?inendation of City Man- ager Rhomberg and City Clerk Shea be approved and the City clerk instructed to confer with the Board of Supervisors with refer- ence to the employment of a duly authorized Clerk of Registration. Second by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Councilman Wynes moved that the Mayor be instructed to confer with the Chairman of both the Democratic and Republican parties for the purpose of having them submit names of persons to serve as members of a committee to un- der take a comprehensive study of equitable lines for voting precincts. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor tiJelu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None, R~S6~OT9®~S N®. 150-50 Preliminary approval of proposed plans, specifications, farm of con- tract, plat and schedule and all other documents for the improve- ment of Davis Street from the east property line of Sheridan Street to the west property line of Wind- sor Avenue, estimated cast $6,- 428.82, presented and read. Mayor Wehi moved the adoption of the resolution. Seconded by Councihuan Kolb. Carried by the following vote: Yeas-Mayor ~Ielu, Councilmen Austin, I{olb, Russo, Wynes. Nays-None. ({~eeessity ffor irnproveanent) ~SS~~U`PROPB N0. 151-50 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly 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 streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council, 5. 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. 6, In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of Davis Street from the east property line of Sheridan Street to the west property line of Windsor Avenue. Be It Therefore Resolved that the City Council mi its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk i ~ ~ i a 's?;~" ~. c- if' F ~~~ ~~~ ~ ,~ ~ t;~;_ li~~ I„ -- __ . - - ,' . ( ~ i ' i i~ ,rli II III I'' ~', --. ~, - _- ^ ~< _ ~, ~~ ~ °~'~I ~~ ~~ ', ;_ =r 242 Special Session, May 15th, 1950 objections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions 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 spe- cial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or part- ly out of each of such funds. Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments when a contract as been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of IVIay, 1950. Aproved: CLARENCE P. WELD, Mayor. ROMOLO N, RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen. Attest: J, J. SHEA, City Clerk. Mayor Welu moved that the reso• lution be approved and placed on file for final action. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. {Fining Date ®f kaaridr~) RESOLUTIOtI 6q0. 152-50 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. i50-50 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Davis Street from the east property line of Sheridan Street to the west property line of Windsor Avenue, 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 of- fico for public inspection, Be It Therefore Resolved that on the 5th day of Jane, 1950, 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 property subject to assessment far the proposed im- provement may appear and make objection to the proposed plans and specifications and proposer form of contract and at the same time to the bounder°ies of the por- posed district, to the cost of the improvement, to the amount pro- posed to be assessed agaiist any lot and to the passage of the pro- posed 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro• posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon, Passed, adopted and approved this 15th day of May, 1950. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RUBEN V. AUSTIN, RAY KOLB, RUBEN V. AUSTIN, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Wynes, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None, Special Session, May 15th, 1950 243 RCS®LUTI01<f IdO. 153-50 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for improve- ment of Edith Street from the west property line of Sheridan Street to the east property line of Barden Avenue, estimated cost $2,971.63, presented and read. Councilman Wynes moved the adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. (becessity #®r Inspr®v€mvnt) R~SDLUTIO&a tE®. ,.....-5® Whereas, proposed plans, speci- fications, 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 dis- trict, if any, ~. The streets to be improved. 3, The width of such improve- ment. 4, Each lot proposed to be as- sessed with a valuation fixed by the Council. 5, An estimate of the cost of the proposed improvement, stat- ing the same for each dif- ferent type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Edith Street from the west prop- erty line of Sheridan Street to the east property line of Burden Avenue. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for- by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance 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 ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid ottt of the general fund, impraveraent funds or sewer funds, or partly out of each of such funds, Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of May, 1950, Approved: CLAIENCE P, WELD, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY I{OLB, REUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Wynes moved that the r°esohation bz approved and placed on file for final action. Sec, onned by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. (Fixida~ Dots of p9earing) RFSDLUT9®Pl ~®. 155-50 Whereas, the City Council of the City of Dttbttque, Iowa, has by Resolution A1o. i53-50 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City ~~=°,- ~, ~ ~; ~ ~~;:; ,;= I ~~, ~~ I, .i,q ~~ ~~~ i ~' X ~i ~,~ ~i , h d~~~~ III ~'' Iii ~I _,~~, ~,~ L I %~I'I '~,i~, !~ ~ ~I ~,~~ lp.: ~~ 'I ~ i'I' ~:~I~i ~,'! -,:_, i I II I '~ ~~ $~~,- I 1 '' ~,: ,. 244 Special Session, May 15th, 1950 Clerk for public inspection, for the improvement of Edith Street from the vest property Pane of Sheridan Street to the east prop- erty line of Burden Avenue 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 of- fice for public inspection, Be It Therefore Resolved that on the 5th day of,June 1950, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dtabuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at +.he same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amotmt pro- posed to be assessed against any lot and to the passage of the pro- posed Resohttion of Necessity and the City Clerk be and he is here- by directod to cause a notice of the time and place of sttclt 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) weeles 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 ob• pections to the amotmt of the pro- posed assessment, they shall have been deemed to have ~--vived all objections thereto, at which hear- ing the Council will hoar such ob- 'ections and n • ~ e ter on record its final decision thereon, Passed, adopted and approved this 15th day of May, 1950. CLARENCE P. WELU, Mayor ROMOLO D1. RUSSO, RICI3ARD L. WYNES, RAY KOLB, RUBEN vJ. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Wynes moved the resolution. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None, P.~S®LUYi®N 6~®, 15b-50 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the con- struction of an eight (8) inch vit- rified file sanitary sewer to serve Meadow Lane beginning at the existing sanitary sewer manhole lo- cated in Stetmore Street approxi- mately f50 feet south of the south property line of Theisen Street and running easterly along a line par- allel to and 55.5 feet southerly from the south line of Lot 13 of Sisters Addition a distance of 251.8 feet; thence N 75 degrees E' a distance of 222.8 feet to Meadow Lane; thence northerly in Plleadow Lane along a line parallel to and 5 feet westerly from the east prop- erty line of Meadow Lane to the intersection with the prolongation of the not°therly line of Lot 16 of Sister's Addition, estimated cost X3,831.18, presented and read, Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Wynes. Carried by the following vote: Yeas-Mayor We1u, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. (5~ecessity faas° Impravernent) RCS®LUYO®b3 ~®. 157-5® Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared 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 dis- trict, 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, st~t- ing the same for each different type of construction and kind of material to be used. 5. In each caso the amotmt thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch vitrified file sanitary sewer to serve Meadow Lane beginning at the existing sanitary sewer manhole located in Stetmore Street approxi- i Y t a:' r Special Session, May 15th, 1950 245 merely 150 feet south of the south property line of Theisen Street and running easterly along a line parallel to and 55.5 feet southerly from the south line of Lot 13 of Sisters Addition a distance of 251.8 feet; thence N 75 degrees E' a distance of 222.8 feet to Meadow Lane along a line parallel to and 5 feet westerly from the east prop- erty line of Meadow Lane to the intersection with the prolongation of the northerly line of Lot 16 of Sister's Addition. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk ob- jections to the amount of the pro- posed assessments, they shall be deemed to have waived all objec- tions thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance 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 ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of May, 1950. Approved: CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RICHARD L, WYNES, RAY KOLB, RUBEN V. AUSTIN, Cot;ncihnen Attest: J, J. SHEA, City Clerk Councilman Russo moved that the resolution be approved and placed on file for final action. Seconded by Councilman Wynes. Carried by the fallowing vote: Yeas-I~4ayar T~Jelu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. (~ixin~ ®afe ®R 6~9earit~g) ~~SDLUYI®b§ ~®, 158-30 YInereas, the City Council of the City of Dubuque, Iowa, has by Resolution Na, 156-50 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of an eight (8) inch vitrified file sanitary sewer to serve Meadow Lane beginning at the existing sanitary sewer man- liale located in Stetmore Street apps°oxinvately 150 feet south of the south property line of Theisen Street and rltnning easterly along a line parallel to and 55.5 feet southerly from the south line of Lot 13 of Sisters Addition a dis- tance of 251.8 feet; thence N 75 degrees E' a distance of 22.8 feet to Meadow Lane; thence northerly in Meado~,v Lane along a line paral- lel to antl 5 feet westerly from the east property line of Meadow Lane to the intersection with the pro- longa'tion of the northerly line of Lot 16 of Sister's Addition and, Whereas, tho proposed Resolu- tion of Necessity fm• said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 5tlt day of Juno 1950, a public hearing will be held at 7:30 o'clock p.nt. in the Couuctl Chamber in the City of Dubuque at which time the owners of property subject to assessment for° the proposed im- --~1 246 special Session, May 15th, 1950 provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posal to be assessed against any lot and to the passage of the pro- posed Resolution of Aiecessity and the City Clerk be and he is hereby directed to cat!se a notice of the time and place of such hearing to be published in same newspaper published in the City of Dubuque, the last of which shall bo not less than two (2) nor snore than four (4) weeks prior to the day fixed for its consideration and unless prop- erty ovmers at the time of final consideration of said resolution have on file with the Clerk objec• floes to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hoar such ob• jections and enter on record its final decision thereon. Passed, adapted and approved this 15th day of May, 1950, CLARENCE P. WELU, Mayor ROIIIOLO N. RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Wynes. Carried by the following vote: Yeas-Mayor Wehi, Councilmen Austin, 1{olb, Russo, Wynes, Nays-Nana. R~SOLU T 9CSfi~ PdO. 15~-50 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the construc- tion of a reinforced concrete lift station, vitrified rile trunk line sew- er, cast iron force main and vitri- fied file overflow line to serve the "Simpson-Coates Sewer Dis- t°ict," said district having been created and established by Or- dinance No. 10-50. The reinforced concrete lift sta- tion shall be constructed in ac- cordance with the plans and speci- fications prepared therefore, said lift station to be located 491.8 feet north and 278.2 feet east of the southwest corner of Section 26, Township 89 N., Range 2 E,, of 5th P.M. The vitrified file trunk line sew- er shall be constructed of the vari- ous sizes and in the location de• scribed as follows: An eighteen (18) inch vitirified file line running north 75 degrees east a distance of 26fl feet; thence a fifteen (15) inch vitrified file line running north 75 degrees east a distance of 281 feet; thence a twelve (12) inch vitrified file line running north 60 degrees east a distance of 659 feet; thence a twelve (12) inch vitrified tale line running north 57 degrees 30' east a distance of 754 feet to the ex- isting wet well boated in the in- tersection of Marian and Concord Streets. The ten (10) inch cast iron force main shall he constructed in the following location: Beginning at said lift station and running north 75 degrees east a distance of 541 feet; thence north 60 degrees east a distance of 659 feet; thence north 57 degrees 30' east a distance of 764 feet to the existing ten (10) inch cast iron force main located in the inter- section of Marion and Concord Streets. The eighteen (18) inch vitrified file overflow line beginning at said lift station and running 285 feet west to the intersection with the Corporation Limits of the City of Dubuque estimated cost $13,949,14, presented and read. Councilman Wynes moved the adoption of the resolution. Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. (tVecessi4y for lmprovemen4) ~~SOCUT9®El Uf®. 1b0®50 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 f= ~' _;~'. special session, May 15th, 1950 247 of the City Clerk showing among other things the following: 1, The boundaries of the dis• trict, if any. 2. The size and kind of sewers, floe of Marion and Concord Streets. The eighteen (18) inch vitrified file overflow line beginning at said lift station and running 285 feet west to the intersection with the Corporation Limits of the City of Dubuque, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein scentioned im- provement, and tmless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- straoted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by rho City Council and are now on file with the City Clerk. That the cost and expense of making sail improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon m° is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipattion of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- dttced, approved and ordered plac- ed on file with. the City Clerk this 15th day of May, 1950, Approved: CLARENCE P. WELD, Mayor ROMOLO N. RUSSO, PLICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk 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 mater- ial to be used, 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of a reinforced con- crete lift station, vitrified file tt°unk line sewer, cast iron force main and vitl°ified file overflow line to serve the "Simpson-Coates Street Sewer District," said district having been created and establish- ed by Ordinance No. 10-50. The reinforced concr°ete lift sta- tion shall bo constructed in accord- ance with the plans and specifica- tions prepared therefore, said lift station to be located 491.8 feet north and 2782 feet east of the southwest corner of Section 26, Township 89 N., Range 2 E., of 5th P.M, The vitrified file trunk line sew- er shall be constructed of the var- ious sizes and in the location de- scrihed as follows: An eighteen (18) inch vitrified file line running earth 75 degrees east a distance of 260 feet; thence a fifteen (15) inch vitrified file line running north 75 degrees east a distance of 281 feet; thence a twelve (12) inch vitrified file line canning north 60 degrees east a distance of 659 feet; thence a twelve (12) inch vitrified file line running earth 57 degrees 30' east a distance of 764 feet to the exist ing wet well located in the inter- section of Marion and Concord Streets, The ten (10) inch cast iron force main shall be constructed in the following location: Beginning at said lift station and running north 75 degrees east a distance .of 541 feet; thence north 60 degrees east a distance of 659 feet; thence north 57 degrees 30' east a distance of 764 feet to the existing ten (10) inch cast iron force main located in the intersec- j _„~, 248 Special Session, May 15th, 1950 Mayor Welu moved that the reso- lution bz approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor V1elu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. hrixing date of heeriasg) RESOLtI~'9ON N®. l~l®50 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 159.50 given its pre- liminary appi°oval on the prnpased plans, specifications and farm of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of a reinforced concrete lift station, vitrified file trtanlc line sewer, cast iron force main and vitrified tilt overflow line to serve the "Simpson-Coates Street Sewer District," said district having been created and established by Ordin- ance No. 10-50. The reinforced concrete lift sta- tion shall be constructed in accord- ance with the plans and specifica- tions prepared thzrefore, said lift station to be located 491.8 feet north and 2782 feet east of the sottthwest corner of Section 26, Township 89 N., Range 2 E,, of 5th P.M. The vitrified file trun-c line sew- er shall be constructed of the var- ious sizes and in the location de- scribed as follows: An eighteen (18) inch vitrified file line running north 75 degrees east a distance of 260 feet; thence a fifteen (15) inch vitrified file line running north 75 degrees east a distance of 281 feet; thence a twelve (12) inch vitrified file line running north 60 degrees east a distance of 659 feet; thence a twelve (12) inch vitrified file line running north 57 degrees 30' east a distance of 764 feet to the exist- ing wet well located in the inter- section of Marion and Concord Streets. The ten (10) inch cast iron force main shall be constructed in the following location: Beginning at said lift station and running north 75 degrees east a distance of 541 feet; thence north 60 degrees east a distance of 659 feet; thence north 57 degrees 30' east a distance of 764 feet to the existing ten (10) inch cast iron force main located in the intersec- tion of Marion and Concord Streets. The eighteen (18) inch vitrified file over7low line beginning at said lift station and running 285 feet west to the intersection with the Corporation Limits of the City of Dubuque, 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 of- fice for public inspection, Be It Therefore Resolved that on the 5th day of June, 1950, a public Bearing will be held at 7:30 o'clock P.M, in the Council Cham- ber iu thz City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same tune to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed 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 hear- ing to be published in some news- papzr published in the Gity of Du- buque, 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 resa lotion have on file with the Clerk objections to the amount of the 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. Special Session, May 15th, 1950 249 Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. RESOLUTION N0. 16250 Preliminary approval of propos- ed plans, specifications, farm of contract, plat and schedule and all other documents far the con- struction of vitrified file sanitary sewer laterals of variable diamet- ers within the "Simpson•Coates Street Sewer District," said dis- trict having been created and es- tablished by Ordinance No. 10-50. Vitrified file sanitary sewer laterals shall be constructed of the various sizes and in locations as follows: An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the centerlines of Coates Street and Cross Street and running westerly a distance of 560 feet to the prolongation of the east line of lot 2 of lot 2 of lot 1 of R. W. Baker's Subdivision; also from the intersection of the centerlines of Coatis Street and Cross Street rttnning easterly along the centerline of Coates Street to a point on the prolongation of the east line of lot 1 of the sub- division of lots 39, 40 and 41 of Simpson's Addition; also from the intersection of Coates Street and Cross Street running southerly along the centerline of Cross Street to the intersection with the centerline of Simpson Street: thence along the centerline of Simpson Street westerly a distance of 500 feet; also from the inter- section of the centerlines of Simp- son Street and Gross Street run- ning easterly along the centerline the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Number 2 and the centerline of the recorded ease- ment of 6 foot width running south- erly through the lots of Dubuque Homes Subdivision Number 2 located to the west of Cherokee Drive and thence running south- erly along the centerline of said easement to a point 30 feet north- erly from the southerly line of Lat 13 of Dubuque Homes Subdivision Number 2, thence a twelve (12) inch vitrified file line running south 42 degrees 30' east a dis- tance of 224 feet to a point inter- secting the Trunk Line Sewer, An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the southerly line of Lot 23 of Dubuque Homes Subdivision Number 2 and the centerline of the recorded ease- ment of 6 foot width running southerly along the easterly line of the lots lying east of Cherokee Drive and thence running south- erly along the centerline of said easement to the paint of intersec- tion with the Trunk Line Sewer, estimated cast $29,155.37, present- ed and read. Councilman Wynes moved the adoption of the resolution. Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None, (Necessity for improvement) RE50LUTION NO. 163-50 Whereas, proposed plans, speci- fications, 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 of Simpson Street to a point on other things the following: the prolongation of the west line 1. The boundaries of the dis- of Lot 1 of Lot 45 of Simpson's trio, if any. Passed, adopted and approved Addition; also from the intersec- 2. The size and kind of sewers. this 15th day of May, 1950, tion of Coates Street and Ctross 3. Each lot proposed to be as- CLARENCE P, WELU, Street running north 22 degrees sessed together with a valuation Mayor - 30 west a distance of 259 feet; fixed by the Councih ROMOLO N. RUSSO, thence a twelve (12) inch vitrified 4, An estimate of the cost of RICHARD L, WYNES, = file line running north 22 degrees the proposed improvement, stat- RAY KOLB, 30' west a distance of 45 feet to a ing the same far each different RUBEN V, AUSTIPd, point intersecting the Trunk Line type of construction and kind of Councilmen Sewer. material to be used, Attest: J, J. SHEA, An eight (8) inch vitrified file 5. In each case the amount ~ City Clerk sanitary sewer line beginning at thereof which is estimated to be as• It ~i1 ~~?„ ,. ~ as ~ b ~ I t ~ >, `; II I' ~{ ~? i " ' i r ~~ it _. ill t I` i ~i S -- -_ - -_ _ s ~~ ~~ i I~ I~ i, ~''i ~~I'~I~~ G ~~ ' - i -= ~ . ' ! ~ . 250 Special Session, May 15th, 1950 sessed against each lot, for the construction of vitrified file sani- tary sewer laterals of variable diameters within the "Simpson- Coates Street Sewer District," said district having been created and established by Ordinance No. 10- 50. Vitrified file sanitary sewer laterals shall be constructed of the various sizes and in locations as follows: An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of floe centerlines of Coates Street and Cross Street and running westerly a distance of 560 feet to the prolongation of the east line of lot 2 of lot 2 of lot 1 of R. W. Baker's Subdivision; also from the intersection of the center- lines of Coates Street and Cross Street running easterly along the centerline of Coates Street to a point on the prolongation of the east line of Lot 1 of the subdivision of lots 39, 40, and 41 of Simp- son's Addition; also from the in- tersection of Coates Street and Cross Sheet running southerly along the centerline of Cross Street to the intersection with the centerline of Simpson Street: thence along the centerline of Simpson Street westerly a distanco of 500 feet; also from the inter- section of the centerlines of Simp- son Street and Cross Street run• ning easterly along the centerline of Simpson Street to a point on the prolongation of the west line of Lot 1 of Lot 45 of Simpson's Addition; also from the intersec- tion of Coates Street and Cross Street running north 22 degrees 30' west a distance of 259 feet; thence a twelve (12) inch vitrified file line running north 22 degrees An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Nmnber 2 and the centerline of the recorded ease- ment of 6 foot width running southerly through the lots of Du- buque Homes Subdivision Nutnber 2 located to the west of Cheroltee Drive and thence running souther- ly along the centerline of said ease- ment to a point 30 feet northerly from the southerly line of Lot 13 of Dubuque Homes Subdivision Ntmtber 2, thence a twelve (12) inch vitrified file line running south 42 degrees 30' east a distance of 224 feet to a point intersecting the Trunk Linz Sever. An Eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the southerly line of Lot 23 of Dubuque Homes Subdivision Number 2 and the centerline of the recorded ease- ment of a 6 foot width running c ~. n the easterl line .,cuthetl3 ale g y of the lots lying east of Cherokee Drive and thence running souther- ly along the centerline of said easement to the point of intersec- tion with the Trunk Line Sewer. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to matte the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerlt objections to the amount of the proposed assessments they shall be deemed to have waived all objec- tians thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. Thai the cost and expense of malting said improve- tnent mill be assessed upon and against all privately owned proper- ty lying within assessaule distance ed by law, property vvill be as- sessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, m' partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a. contract has been performed and f f t ~` 1~ ,~: a= ,' Special Session, May 15th, 1950 251 accepted and the proceeds used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerlt this 15th day of May, 1950. Approved: CLARENCE P. WELD, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Russo moved that the resolution be approved and placed on file far final action. Sec- onded by Councilman Wynes. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. (i'ixing date of hearing) p~S®LE9Fi0~3 Pd®. 169~5fl Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution Na. 162-50 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of vihified file sani- tary sewer laterals o f variable diameters within the "Simpson- Coates Street Sewer District," said district having been created and established by Ordinance No. 10- 50. Vitrified file sanitary sewer lat- erals shall be constructed of the various sizes and in locations as follows: An eight (8) inch vitrified file sanitary sewer line beginning at and running westerly a distance of 500 feet to the prolongation of the east lino of lot 2 of lot 2 of lot 1 of R. W. Baker's Subdivision; also from the intersection of the centerlines of Coates Street and Cross Sliest rltnuing easterly along the centerline of Coates Street to a point on the prolongation of the east line of lot 1 of the subdivision of lots 39, 40 and 41 of Simpson's Addition; also from the intersec- tion of Coates Street and Cross Street running southerly along the centerline of Cross Sheet to the intersection with the centerline of Simpson Street; thence along the centerline of Simpson Street west- erly adistance of 500 feet; also from the intersection of the cen- terlines of Simpson Street and Cross Sheet rtmning easterly along the centerline of Simpson Street to a point on the prolongation of the west line of Lot 1 of Lot 45 of Simpson's Addition; also from the fntersoctian of Coates Street and Cross Street running north 22 de- grees 30' west a distance of 259 feet; thence a twelve (12) inch vitrified file line rtmning north 22 degrees 30' west a distance of 45 feet to a point intersecting the Trunk Line Sewer. An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Number 2 and the cen- terline of the recorded easement of 6 foot width running southerly through the lots of Dubuque Homes Subdivision Number 2 lo- cated to the west of Cheroltee Drive and thence running souther- ly along the centerline of said ease- ment to a point 30 feet northerly from the southerly line of Lot 13 of Dubuque Homes Subdivision Number 2, thence a twelve (12) inch vitrified file line running south 42 degrees 30' east a distance of 224 feet to a point intersecting the Trunk Line Sewer. P.n eight (8) inch vitrified file sanitary sealer line beginning at the intersectian of the southerly line of Lot 23 of Dubuque Homes Subdivision Number 2 and the cen- terline of the recorded easement of 6 foot width running southerly centerline of said easement to the point of intersection with the Trunk Line Sewer. Whereas, the proposed Resolu~ tion of Necessity far said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 5th day of June, 1950, a public hea~•ing will be hold at 7:30 ,,~ ~. Special Session, May 15th, 1950 253 i t 1 i s Councilman Kolb moved the adoption of the resohttion. Second- ed by Mayor Welu. Carried by the following vote: Yeas-1llayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None, R~SOLUTI0~9 N0. 167-50 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Cotmcil; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper band: Now, Therefore, Be It Resolved by the Council 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" PERMIT William A, Brawn anti Hilda Brown, 2417 Rhomberg Avenue. Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Frank T. Walker, 241 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street. CLASS "C" PERMIT Sanley J, Meis, 605 West Locust Street, Earl T. Avery, 1602 Lincoln Avenue, R. Daniel Winders, 2204 Central Avenue. Be It Further Resolved that the bands filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 15th tlay of May, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Weht, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Connnunications of the Dubuque Real Estate Board, Mrs, Bessie Heuchlin, John W. Collings, Exam- iner-Inspector Office of The Hous- ing Expediter, with reference to rent control, presented and read. After a lengthy discussion on the matter of rent control Council- man Austin moved that the Mayor be instructed to communicate with the Iot~~a Representatives in Con- gress ad~.~ising that the City Coun- cil of Dubuque, Iowa, are in favor of the orderly decontrol of rents and that such orderly decontrol of rents be effected by Januaty 1st, 1951. Seconded by P,Iayor Welu. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Rttsso, Wynes, Nays-None. Councilman Russo moved that the City Solicitor be instructed to attond and represent the City of Dubuque, Iowa, at the hearing to be held in Washington, D. C. on May 18th, 1950 before the Civil Aeronautics Board in the matter of the recommendations made by the C. A. B. Examiner that a cer- tificat~ be issued to Mid-Continent Airlines to replace the certificate previous awarded to Parks Air- lines which would bring commer- cial ah° service to Dubuque, Iowa, at an early date. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor 1~lelu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. There being no further business Councilman Wynes moved to ad- journ, Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Weltt, Councilmen Austin, Kolb, Russo, Wynes. ~ Nays-None. J. J. SHEA, City Clerk Approved ................................1950 Adopted ..................................1950 I Oouncihnen: j ................................... 1 l ................................. I l ................................. Attest :............... City Clerk, 252 Special Session, May 15th, 1950 o'clock P,M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessments for the pro- posed improvement may appear and make objection to the pro- posed 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 proposed 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 tithe and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not loss 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 resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will heai such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of May, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J, J. SHEA, City Clerk Mayor Welu moved the adoption of the resohttion. Seconded by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. R~SOLUY106°9 tv~0. 165-50 Be It Resolved by the City Cotm- 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 permit to sell cigarettes and cig- arette papers within said City and the Manager is directed to issue such permit on behalf of said City. Frank T, Walker, 241 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 15th day of May, 1950. CLARENCE P. WELD, Mayor ROMOLO N, RUSSO, RICHARD L, WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J, J. SHEA, City Clerk Councilman Wynes moved the adoption of the resohttion. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None, R~SOLUYIOW 8~0. 166-50 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 Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT William A. Brown and Hilda Brown, 2417 Rhomberg Avenue. Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Frank T. Walker, 241 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuuue Metal Trades Cotmcil Club, 111 West 6th Street. CLASS "C" PERMIT Stanley J, Meis, 605 West Locust Street. Earl T. Avery, 1602 Lincoln Avenue, R. Daniel Winders, 2204 Central Avenue. Passed, adopted and approved this 15th day of May, 1950. CLARENCE P. WELU, Mayor ROMOLO N, RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk 254 Special Session, May 22nd, 1950 ~~ ~ ~ ~~~ (DfFaela9) Special Session, May 22nd, 1950. Council :net at 7:30 P.M. Present-lUayor Welu, Council- men Austin, Kolb, Russo, Wynes, City Manager Rhomberg. Meeting called by ordor of Coun- cilmen Kolb abtd Austin. Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of consideriatg for final adoption resa lotions a~ararding contracts for the constrtactian of foundation for a 500,000 gallon elevated tank and also for the fm•nishing of a 500,000 gallon elevated water storage tank and acting on any other business as may properly come before a regulat• meeting of the City Coun- cil. fI~5OLtf3'tJP~ X10, 147-50 Be It Resolved by the City Coun- cil, of the City of Dubuque, Iowa. Whereas The City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an ad- vertisement for bids on the fur• nishing of all labor, tools, materials and equipment necessary to con- struct tho foundation fora 500,- 000 gallon elevated steel water storage tank in Eagle Point Park, heretofore advertised on the 14th and 21st day of April 1950, did on the 15th day of May 1950 at 7:30 o'clock P.M, at the City Clerk's office in the City I-Tall, in Du- buque, Iowa, receive bids for the constructing of foundation for a 500,000 gallon elevated tank, which said bids were taken under advise- ment by the City Council. Whereas the base bid of K-M Construction Co. of Dubuque, Iowa for the constructing of foundation for elevated storage tank is the lowest and best bid submitted by any responsible bidder. Now Therefore, Be It Resolved By The City Council of the City of Dubuque, Iowa, that the contract for the constructing of foundation for elevated tank in the amount of seven thousand nine hundred thirty nine dollars thh•ty cents $7,939.30 be awarded to K-M Con- struction Co., Dubuque, Iowa. Provided however, that this con- tract shall not be effective until K-M Construction Co., Dubuque, Iowa shall have been notified in writing by the City Manager of such award. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall become effective from and after its final passage and adoption by the City Council. Approved and placed an file for ore weel_t on May 15th 1950. Passed and adopted this May 22nd, 1950. CLAP~ENCE P. WELU, Mayor ROMOLO N. RUSSO, RICITARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Wynes moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Maym• Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. R~Sfl1.tIYl®i'1 ~9®, 143-SO Be It Resolved by the City Coun- cil, of the City of Dubuque, Iowa, Whereas The City of Dubuque, of the Cotmty of Dubuque, and State of Iowa pursuant to an ad- vertisement for bids on the furn- ishing of all matet•ial, labor, tools and equipment for .fabricating, de- livering, erecting, and painting a 500,000 gallon capacity, double ellipsoidal, steel, elevated water storage tank, in Eagle Point Park, heretofore advertised on the 14th and 21st day of April, 1950, did on the 15tflr day of May 1950 at 7;30 o'clock P.M, at the City Clerk's office in the City Hall, in Da- buque, Iowa, receive bids for the £tunishing of a 50,000 gallon ele- vated water storage tank, which said bids were taken under advise- ment by the City Council. WYiereas the base bid of Pitts- burgh-Des Moines Steel Co. of Des Moines, Iowa for furnishing of elevated water tank is the lowest and best bid submitted by any re- sponsible bidder, Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the contt•act ~. s r ~' ,:, ~,_ x,,, l; . `?' `a::, ,_:€: `, Special Session,lVlay 22nd, 1950 255 for the furnishing of elevated water tank, in the amount of sixty one thousand, two ,hundred fifty dollars no cents $51,250.00 be awarded to Pittsburgh-Dos Moines, Steel Co., Des Moines, Iowa. Provided however, that this con- tract shall not be effective until Pittsburgh-Des Moines Stoel Co., Des Plloines, Iowa, shall have been notified in writing by the City Manager of such award. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one tveeli on May 15th, 1950. Passed and adopted this May 22nd, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY 1{OLB, RUBErd V, AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Rttsso, Wynes. Nays-None. WATER DEPARTMENT City of Dubuque, Iowa May 8, 1950 To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: Fttrsuant to your request for information concerning the financ- ing of the Water Department and its improvements, the attached data sheets are submitted. It is evident that the present water rates cannot support an accelerated improve- ments program. The proposed ad- ditions and construction items rec- ommended by the consulting engi- n~ers and referred to as Stage One are needed improvements that should be provided within the next five years. The summary shows the present position of Water Wot•ks' finances and its position at the end of the five year period under three proposals. Proposal Na. 1 is on the basis of a $20Q000.00 bond issue to be re- tired within the period with an ap- proximate 11% increase in water rates. Proposal No. 2 is based on a $200,000.00 bond issue retired with- in the period with an approximate 15% increase in rates. Proposal No. 3 is basod an the issuance of $150,000.00 bands to b2 retired within the period with an approximate 21 percent increase in water rates. It is to be noted that under Pro- posal No. 1, the end of the five years would see the department with a rather depleted inventory and having $70,000.00 less cash on hand than at present while, Pro- posal No. 2 would leave the de- partment with a depleted inventory but with a better cash position, be- ing only $24,000,00 less than at present. Proposal No. 3 would leave the department at the end of the five year period with a cash balance phis the value oI its in- ventory at about $26,000.00 less than the present status of the cash and phis the value of materials on hand. It is recommended that the Coun- cil consider an increase in water rates and tmal;e sash increased rates effective in the near future since part of the improvements embraced in Stage One are already in progress and the need for the funds to finance such work is rapidly developing. Respectfully submitted, CITY WATER DEPARTMENT J, J. HAIL, Superintendent Councilman Wynes moved that Proposal No. 3 shov,~it.g an approxi- mate 21% increase in water rates b2 adopted and the City Illanager and City Solicitor instructed to prepare an ordinance covering the same, said increase in water rates to ca-ver meter readings on and after July 1st, 195C. Seconded by Cotmcilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Kolb and Wynes. Nays-Camtcilrnon Austin and Russo. Councilman Russo moved that the rules be suspended for the purpose of allowing any one pres- ~ f~ ~ ~ ~ ,' ~: ~` fi ~'~ °v., : _ ~ '; ~ t ~< I ~' ~ , , a„ ±, I~ I ~, _- ? ~, ~_~. I~ i j i ~~ i , ~~!(I (~, 1 i' i';. i ~~ !I ~i -. _ ~:~~ ~' ~~ .-_ , - wit;, ~` - r:~;': 256 Special Session, May 22nd, 1950 ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wynes, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Communication of Mrs. John Donahue submitting offer in the amount of $40.00 for the purchase of the back portions of Lots 4, 5 and 6 in Randall's Subdivision, said property being owned by the City of Dubuque, presented and read. Councilman Russo moved that the communication be referred to the Cotmcil to view the grounds, Seconded by Councilman Wynes, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Petition of the Central Avenue Business District Council regard- ing the amount of dust and dirt left on the streets after the sweep- er and flusher are used during the night and requesting the City Council to check these conditions as they exist today especially where the sweeper and flusher have been forced to circumvent automobiles which have been park- ed at the curbing thus leaving large patches which cannot be cleaned and further requesting that a study be made of the present ordinances relating to parking of cars during leaf cleanup in the Fall and also requesting that an ordinance be worked out for week- ly sweeping and flushing of streets based on the same idea as Fall leaf cleanup, presented and read, Councilman Austin moved that the present ordinance be amend- ed to cover the removal of cars from the city streets when and where the flusher and sweeper are used for the ptupose of clean- ing and flushing streets. Seconded by Councllman Russo. Carried by the following vote: Yeas-Mayor Wehi, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Petition of The Volunteers of America, Des Moines, Iowa, re- questing permission for the hold- ing of a tag day on July 22nd, 1950, presented and read. Councilman Russo moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Petition of the Dubuque Packing Company expressing its apprecia- tion of the covering of the Bee Branch Sewer at the intersection of East 15th and Sycamore Streets arad requesting that the City Coun- cil proceed promptly with the com- pletion of its improvement of Syca- more Street to the end that said street may be opened far travel in the near future, presented and read. Councilman Russo moved that the petition be received and filed in view of the fact that the im- provements on Sycamore Street are underway for the opening of said Sycamore Street as requested by the petitioner. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-Noce. Petition of Frank Hardie Adver- tising, Inc., requesting permission to erect a canopy for the Personal Finance Co. over the entrance doorway on 7th Street near Main Street, presented and read. Councilman Wynes moved that the request be granted and that proper proceedings be prepared. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Petition of Lea L. Hartmann and others requesting that curbs and gutters be constructed on Balke Street between Link Street and Lowther Avenue, presented and read. Mayor Welu moved that a plat and schedule be prepared showing the proposed cost to be assessed against property owners for this improverent. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None, Petition of Amvets Post No. 3 requesting permission to locate two ~' Special Session, May 22nd, 1950 257 ticket booths on Main Street be- tween 7th and 9th Streets for the pw°pose of selling tickets for the excursion Avalon, presented and read. Councilman Kalb moved that the request be granted providing that the booths do not interfere with pedestrian travel. Seconded by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-Kane. Petition of Mrs. Jean Stangl re- questing arefund in the amount of $150.00 ou the unexpired portion of her Class "B" Beer Permit No. 149 as she has discontinued busi- ness on May 15, 1950, presented and read. Councilman Russo moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $150.00 in favor of Mrs, Jean Stangl to cover the amount of refund granted on the unexpired portiml of her Class "B" Beer Permit No. 149. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Petition of Herbert Hird and others requesting that a two hour parking limit be placed on Second Street between Locust and Bluff Streets, presented and read. Mayor Welu moved that the petition be referred to the Ghief of Police for recommendation and report. Seconded by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None, Petition of Earl L. Falk request- ing apermit to convert into a duplex the house located at 2905 Burden Avenue, presented and read, Councilman Wynes moved that the petition be referred to the Planning and Zoning Commissio for their recommendation and re port, Seconded by Mayor Welu Carried by the following vote: Yeas-Mayor Welu, Councilme Austin, Kolb, Russo, Wynes. Nays-1Vone, Appropriation, Requisition: RENEWAL OF GOVERNMENT LEASE You are hereby notified that un- der the provisions of Paragraph 5 of Government lease: NOy(R)-40838 with City of Du- buque, Iowa, Lessor, d, 1/1/47 cov- ering approximately 0.85 of an acre in Ham's Addition in the City of Dubuque, Iowa, for a Naval Reserve Armory, Li6.65-Du the United States of America elects to renew the said lease, as the same may have been amended, for the period of one year from and after June 30, 1950, and by these presents does renew, extend, and adopt the said lease and all the terms and conditions thereof for the period beginning July 1, 1950, and ending June 30, 1951. Dated at Washington, D. C. 17 May 1950. The United States of America, By JACK E, COCHRANE, By direction of the Chief of the Bureau of Yards and Docks, act- ing under the direction of the Sec• retary of the Navy. The Mayor, City of Dubuque, Dubuque, Iowa Councilman Austin moved that the Renewal of Government Lease be granted. Seconded by Council- man Kolb. Carried by the follow- ing vote:. Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. STATE OF IOWA Secretary of State Des Moines, Iowa May 17, 1950 Mr. J, J. Shea, City Clerk Dubuque, Iowa Dear Sir: We herewith acknow- ledge receipt of the copy of pro- ceedings of the City Council of the City of Dubuque, Iowa an- nexing certain territory to the Gity of Dubuque, Iowa. We have filed said proceedings in this office. n Sincerely yours, MERVIN D. SYNHORST Secretary of State CLARICE M, HAYES, n Chief Clerk State Land Office Councilman Russo moved that the communication be received and made a matter of record. Seconded _ i ~~ ,: ' _ ~, ~: ~~ E ; ~ e i ~,:: ", I r I - ~~ ~I ~ ; , -~ '' ~. III • - - ~ ,,, ~i ~, c - a ~~ i i f k ~I I, .'~ ~,,,~ -,, _ -. _; :;, ~,, :; '! I I 258 Special Session, May 22nd, 1950 by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 20, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mary Kingsley et al, enclosed herewith requests the extension in a south- erly direction of the present Local Business District on the east side of Bryant Street at Dodge Street to include Lot 1 of 1 of 1 of 3 of M. L, 63, The purposes of interested par- ties will be served by extending the present local business district at Dodge Street and Bryant Street from the intersection of the pres- ent local business district with Bryant Street southerly along the east line of Bryant Street to a point fifty feet northerly from the intersection of the north curb line of Curtis Street extended and the east line of Bryant Street; thence south easterly across lot 1 of 1 of 1 of 3 of M. L, 63 to the southeast corner of said lot thence northerly along the east line of said lot to the northeast corner of said lot existing local business district line, , and at the same time will offer some protection to the Single Fam- ily residents in the neighborhood of Curtis and Bryant Streets. Accordingly, the Planning and Zoning Commission respectfully recommends to your Honorable Body the extension of the Local Business District on the east side of Bryant Street as noted above and as shown on attached plate, Yours truly, DUBUQUE PLANNING & ZONING COMMISSION Richard V. McKay Secretary Councilman Wynes moved that the recommendation of the Plan- ning and Zoning Commission be approved and the proper proceed- ings ordered prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 20, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With regard to at- tached petition of Helen and Francis Kart et al. requesting cer- tain rezoning of property on Wind- sor Avenue behveen Clinton and Queen Streets, the Planning and Zoning Commission respectfully recommends to your Honorable Body the rezoning from Two Fam- ily to Local Business of the half black bounded by Windsor Avenue on the east; the alley between Windsor Avenue and Queen Street on the west; Clinton Street on the south; and Queen Street Extension on the north, This accomplishes the wishes of interested parties, and also makes other adjacent property available for Local Business purposes. Yours truly, DUBUQUE PLANNING & ZONING COMMISSION Richard V. McKay, Secretary Councilman Russo moved that the recommendation of the Plan- ning and Zoning Commission be approved and the proper proceed- ing ordered prepat°ed. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 20, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Referring to attach- ed petition of August Lubs re- questing the extension of Romona Street southward through his prop- erty and offering to donate for the purpose a strip of land forty feet wide from the present dead-end of Romona Street southerly across the width of said porperty, the Planning and Zoning Commission respectfully recommends t h e granting of the petition. Yours truly, DUBUQUE PLANNING & ZONING COMMISSION Richard V. McKay, Secretary Mayor Welu moved that the recommendation of the Planning and Zoning Commisiion be ap- proved and the proper proceedings ordered prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. z` 1 Special Session, May 22nd, 1950 259 May 16, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April 1950; also list of claims and list of payrolls for which warrants were issued for the month of April 1950. Respectfully submitted, A. A, RHOMBERG, City Manager Councilman Russo moved that the reports be received and placed on file, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 22, 1950 To the IIgnorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of May. 15th the petition of Harold L. McCarron requesting the im- provement of York Street from Curtis Street to South Hill Street, concrete curb and gutter, was re- ferred to the Council to view the street. The Council having examined the location decided to order a plat and schedule prepared for such improvement. I recommend this decision of the Council be con- firmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Wynes moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Kolb. Car- ried by the fallowing vote: Yeas-Mayor Weltt, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 22, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of May 15th, the report of the Plan- ning and Zoning Commission recommending the denial of the petition of Mrs, John C. Kassmeyer concerning the review of the mat- ter of vacating the alley first north of Robin Street was referred to the Council to view the grounds. The Council having examined the alley and being fully informed in the matter, decided that since the alley had been vacated and the property conveyed to the abutters on either side that they were with- out power to comply with the wishes of the petitioner, I recommend that this decision of the Council be confirmed and that the recommendation of the Planning and Zoning Commission be approved, Respectfully submitted, A. A, RHOMBERG, City Manager Councilman Wynes moved that the recommmendation of City Man- ager Rhomber be approved, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 22, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of May 15th, communication of the County Auditor concerning the sale of Lots 16, 17 and 18 of South Avenue Addition to Jerome Bur- roughs for X150.00 was referred to the Council to view the prop- erty, The Council having examined the land, decided to approve the sale by the County. I recommend that this decision of the Council be confirmed by the adoption of the attached Reso- lution, Respectfully submitted, A, A. RHOMBERG, City Manager Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved, Sec• ended by Councilman Wynes. Car- ried by the following vote: Yeas-Mayor Welu, Councilman Austin, Kalb, Russo, Wynes. Nays-None, R~SO~UT9ON N0. 168-50 Whereas, Lots 16, 17 and 18 South Avenue Addition were sold on February 3, 1936 to Dubuque County Iowa by the County Treasurer for delinquent and un- paid taxes for the years 1924 to 1934 inclusive, and, Whereas, Dubuque County, Iowa desires to sell the above 4~d{ 'i ~ ~, k .. ~. .I 2 ? t II . ~~:; ~- ~ _ ~j - ° r ». _« = , ` _£ ;a t ~ =_ 4.: ~--~ ~'~ r~.s~ , ~,~.~ ~- i ,~ „`. I :, ~ l l ~ N i ~,; t i` ~,; , ~ r.;i i s '~ tr ~', ', i ~. ~' r ~, ~T_ - ,X -; .f t:' ~;, 260 Special Session, May 22nd, 1950 described real estate to Jerome Burroughs for $150.00, and Whereas, the sale of said prop- erty by Dubuque County, Iowa to Jerome Burroughs for a sum less than the total amount stated in the tax certificate including all endorsements of subsequent gen- eral taxes, interests and costs re- quires the written approval of a majority of all tax levying and tax certifying bodies having any in- terest in said taxes. Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa That the sale of the above de- scribed property to Jerome Bur- roughs for the sum of $150.00 in cash be, and the same is hereby authorized and approved. Passed, adopted and approved this 22nd day of 1°vIay, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RICHARD L. WYNES, RAY KOLB, RUBEN V. AUSTIN, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Wynes. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 22, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting held May 15th the communication of Mrs. Carl B. Naught offering $500.00 for city owned lots 11, 12, 13 and 14 of Quigley's Sub 712 was referred to the Council to examine the property. The Council having visited the site decided to reject the offer as too low a price. I recommend that this decision of the Council be confirmed. Respectfully submitted, . A. A. RHOMBERG, City Manager Mayor Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Wynes. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 22, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of May 15, 1950 the petition of Mrs. Marie Williams and others re- questing the improvement of Hazel Street from St. Ambrose Street to Avoca Street Extended and the improvement of Avoca Street Ex- tened from Seminary Street to Hoyt Street was referred to the Council to view the streets. The Council having examined the area decided to order the pre- paration of a plat and schedule for the improvement of Hazel Street with concrete curb and gut- ter, and to defer the matter of improvement of Avoca Street pend- ing adetermination on the route of the extension of Grandview Avenue. I recommend that these deci- sions of the Council be confirmed Respectfully submitted, A. A. RHOMBERG, City It~Ianager Councilman Wynes moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Austin. Car vied by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. May 22, 1950 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: On Thursday, May 18, 1950, a special meeting of the Dubuque Recreation Commission was held for the purpose of plan- ning aprogram to improve the con- ditions which now exist at the Municipal Athletic Field on East 4th St. The need for an adequate play- ing field for otu youngsters and all others interested in baseball is such that the Commission author- ized the Director of Recreation to proceed with necessary repairs. Discussion also brought forth agreement on the part of the Com- mission members that the area immediately surrounding the Ath- letic Field is in such deplorable Special Session, May 22nd, 1950 261 condition it is not conducive to the health and welfare of the youth of our city. The dumping of gar- bage and rubbish along with the stagnant pools of water, result in smoke and odor and an infestation of rats and mosquitoes. Three City Council members were present at this meeting, Mr. Wynes, Mr. Aus- tin and Mr. Kolb. All three pledg- ed their cooperation in aiding in the cleaning up of this area. In line with their remarks it was moved by Commission member, Gerald McAllece, seconded by John Petrakis, "that the Recreation Commis- sion thank the members of the City Council for their interest in getting the area adjacent to the Municipal Athletic Field cleaned up and further recom- mend that this work be done immediately." Motion carried. Discussion further revealed the members of the Recreation Com- mission are in favor of thin build- ing of a new stadium for the peo- ple of Dubuque, and as such it was moved by Gerald McAleece, seconded by John Petrakis, "that the Recreation Commis- sion go on record as supporting the move for a new stadium." Motion carried. On behalf of the Dubuque Recreation Commission and their request this letter is respectfully submitted. NICHOLAS J. SUTTON Director of Recreation Councilman Wynes moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Councilman Russo moved that the matter of dumping on East Fourth Street Extension be refer- red to the City Manager to take the necessary steps to stop the further dumping of refuse and de- bris at the East Fourth Extension damp. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Councilman Russo moved that the City Manager be instructed to submit recommendation and report to the City Council on the matter of acquiring an area to provide for sanitary fill for the dumping of refuse and debris during the periods of high water. Seconded by Cotmcilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes. Nays-None. Assistant City Solicitor Czizelc submitted the following report with reference to the construction of a Municipal Stadium: Sec. 370.7 of Code of Iowa, 1946 Addi4i®taal Tax 6QVgr, In cities having a population of over twenty-five hundred, said board is further authorized to submit to the electors of any such city vot- ing at a city election or a special election called for that purpose, the question of the levy of a fur- ther additional tax for park ptu- poses, not to exceed one and one- fourth mills on the dollar on all taxable property of the city over any term of years not exceeding thirty, to be ,used for the sole and only purpose of purchasing and paying for real estate and permanently improving the same and lands theretofore acquired for park purposes. Sec. 370.8 of Code of Iowa, 1946 Cerfifiea~ion and C®iiecti®n. When a majority of the electors of said city at any such election shall have declared in favor there- of, said board shall certify to the county auditor in each year and cause to be collected such addi- tional tax during all of the years for which the same has been ap• proved and m•dered by the voters. Sec. 370.9 of Cade of Iowa, 1946 AnPi~ipaPi~n of Taxes. The board may anticipate the collection of said additional tax authorized to be levied for the purchase of real estate for park purposes and per- manently improving the same and lands theretofore acquired and for that purpose may issue park cer- tificates or bonds with interest coupons, and the provisions of chapter 408 shall be operative as to such certificates, bonds, and coupons, insofar as they may be applicable. The proceeds of such tax shall be kept as a separate ' ~ ~ ~ ' - ~ ~~~!, •~ 262 Special Session, May 22nd, 1950 ~ + ~ fund and shall be used for the The provisions of this act shall ~_'; ~ propose of such acquisition of real apply to special charter cities. 1 ;~° ~I ~ estate and the permanent improve- Sec, 370.15 Code of Iowa, 1946 ,' ' ' meat thereof and lands thereto- 6®nds, For the propose of pay- fore acquired far park purposes ing for real estate it may issue for no other purpose whatsoever, bonds in amounts needed, notwith- t Sec. 370.11 of Code of Iowa, 1946 l f ction standing the limitation o se >~ ~" ~~ ~' ' '• ro of Deal ~stati;. A oisat2a q , 407.1; provided, however, that the ,; Y ii` ~ ~ Said pant board may acquire annual interest on the aggregate ,~ ~ real estate within or without the of such bonds outstanding shall city for park purposes by donation, not be in excess of sums as fol- f ~' purchase, or condemnation, and lotus: - I talte the title to the same in the For towns and cities of less 1 ~' n* .. name of the Board in trust for m eX- the public and hold the sa e . than twenty-five thousand popula- `i I lnpt from taxattan. t h r Geed lion, a sum equal to r e p o s - i ~ , ' ' Seo, 370.12 of Code of Iowa, 1946 of a tax of five~ixteenths mill on ate tax- re f th d ll th - . j ,, Ganerai ~tr~r~~ers. It may sell, sub- g e agg ar o e o , ject to the approval of the city able value of property therein council, exchange, or lease any real subject to taxation. uired b it which shall estate ac q Y 2. For cities of twenty-five f ~;` ~ be fomtd unfit or not desirable for m re ' n or o a thousand o ulatro , P P '~ ~~ ark nor oses• shall kee are ort sum equal to the proceeds of a of all transactions; except as a her- tax of seven-sixteenths mill on the - wise provided in this chapter it dollar of the aggregate taxable - I ' n rol of h ~ exclusive co t shall aye value of property therein subject - all parks and pleasure grounds to taxation. ~~ ac uired b it or of an other q Y Y 1 d of Iowa 1946 Sec. 370, 6 of Coe , ` ' ~' ground owned by the City and sot Lien of Br~aads, Bands issued un- ` ' apart for like purposes; and may der the provisions of sections 370.6 ~ i ~- ~ Ir~'~•~~~~ ~ make contracts, sue and be sued, to 370.9, inclusive, shall be a lien - ~'"`= ','- but shall incur no indebtedness in upon all of the real estate acquired - a ~ `: ~ , ~i' ~ ~ ~ excess of the amount of taxes al- by the commissioners therewith or - ~ I ready levied and available for the with the proceeds thereof, and ~ ~~ ~ payment thereof, except bonds ~~ such bonds or proceeds shall be ~~ 1 ' ~ ~~ (~ ', hereby attthorized• used far the pm•chase of real 't ~~ ~ ~ ~!'~~ I ' Sec. 370.13 of Code of Iowa, 1946 estate or the permanent better- ~~ -~ ~~ Laasoaagso ®r~aniaations. Park ment and improvement thereof. j - ri'. ' ~ i ~ boards shall also have authority to Sec. 370,24, Code of Towa, 1946 - t', ~ lease under reasonable rules and Condernttation of Progerty, If _ ' requirements a particular park or ~ said board and the owners of any portion thereof, under their jtois- property desired by it for park ' - ~ di lion fora cried not in excess c P Q r a to the rur oss cannot a ee s p 1 g - ,~~ ~ of ten days, to charrtable, fraternal ~ price to be paid therefor, it may t ~',' and patriotic organizations, for the cause the same to be condemned purpose of permitting such or- in the manner provided for taking gauizations to conduct celebrations, land for municipal purposes. - - ' anniversaries and entertainments. Satd board shall also have the Iowa 1946 Sec, 370.31 of Code o ' _ ~ ~ i I authority to lease under reason- Cit FSal6s, 6~emorial 64alls and y - able rules and requirements a per- E11®nutnestts°? ovation. Cities and _ lion of any park under their juris- I towns, including cities under the - diction for such time or times, not ~ commission form of government, to exceed six consecutive months, a un- , hen thorized b the vet rs w au y ~: rd shall deem ro er as the boa P P der the provisions of section 368.41 ' .. for the purpose of permitttng the to erect a crt or town hall for Y ~ ~ ~ playing of professional baseball general cornmututy and municipal _ " or other professional games and Purposes for any one or more of '; under such conditions as to charg- the purposes as set out in said I ! ing a fee far the use of the same section 368.41 may locate and erect - as the board shall determine. such city or town hall in any pub- All cities and towns under thirty lic park, public square or public thousand population shall have au- grounds belonging to the city or i thority to lease parks pursuant to town, and the park commission o ! ~, - -. ection 368.9, r visions of s the p o I •m' 'on herefor `~ shall rant et tsst t g P i ' ~, ~ a = ' ~' ~:, Special Session, May 22nd, 1950 263 whether or not said grounds, park or square is unfit or not desirable for park purposes. Cities and towns, all forms, tray by ordinance per- mit soldiers monuments or mem- orial halls, .which may be erected under the provisions of chapter 34, to be located and erected in any public pant or public grounds of the city or town, This section shall not apply to cities having a popu- lotion of one hundred twenty-five thousand or mm•e. In Golf View Realty Co. vs. Souix City, 269 NW 456, our Su- preme Court, in passing upon the question as to whether property acquired by a City for a golf course was properly acquired under the City's park board powers, said: "A park is a pleasure ground for the recreation of the public to promote its health and enjoyment, A public golf course is for the same purpose. Parks are used for pub- lic recreation by indulgence in tetr- nis, pitching horseshoes, croquet, baseball, kitten ball, golf, wanting, horseback riding, picnicing, and general outdoor exercise, and oth- er recreations, If ground be ac- quired for these purposes, it may be acquired for a part of them. It follows that the city has author- ity, under its charter, to acquire and maintain a public golf course." Councilman Wynes moved that the report of Assistant City So- licitor Czizelc be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Wynes. Nays-None. Councilman Russo moved that the City Manager be instructed to arrange a conference with the Park Board and the City Council far the purpose of acquiring a site and the erection of a Municipal Stad- ium as outlined in the report of the Assistant City Solicitor and in accordance with the provisions of Chapter 370 of the Code of Iowa, 1946. Seconded by Councilman Wynes, Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen. Austin, Kolb, Russo, Wynes. Nays-None, Councilman Austin moved that the City Manager be instructed to communicate with Mr. Paul J. Becker, Meteorologist of the U, S. Weather Bureau, advising that the City of Dubuque will allocate a space of not to exceed 600 square feet at the Municipal Airport Ad- ministration Building in order that the present Weather Bureau locat- ed in the Federal Post Office Build- ing may be transferred to the Municipal Airport Administration Building. Seconded by Councilman Wynes, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. Mayor Welu moved that a ver- tical flag pole be erected at the corner of the City Hall. Seconded by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. Councilman Russo moved that the City Council go on record, and the Mayor instructed to so notify the Iowa Representatives in Con- gress, that the City Council of the City of Dubuque, Iowa, is in favor of granting the franchise to the Mid-Continent Air Lines, as recom- mended by the C.A.B, Examiner, and that speedy action be taken on said recommendation in order that cmnmercial air line service can be furnished to the City of Dubuque. Seconded by Councilman Wynes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. There being no further business Councilman YJynes moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Wynes, Nays-None. J. J. SHEA, City Clerk Approved .............................1950. Adopted ..................................1950, Councilmen ............. ................. ......... .................... Attest :........ ...................... . City Clerk