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1953 March Council ProceedingsRegular Session, March 2nd, 1953 145 r`~~~~i~ (OFFICIAL) Regular Session, March 2nd, 1953, Council met at 9,30 P.M. Present-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz, Mayor Austin stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such bsiuness as may properly come before the meeting. February 24, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The State legislature has enacted a bill authorizing cities to contract indebtedness and issue general obligation bonds to provide funds for their payment of the cost of flood control systems. In order that the people of Du- buque may have an opportunity to express their wishes to the city council regarding this proposition and that there wlll be no further delay in providing flood protection, I would recommend that the city council call a special election to be held on April 20th, to vote on the proposition. If the issuance of bonds is ap- proved, it will take several months to prepare the final plans and let contracts for the work so at the best, construction will probably not start until late in 1953 or 1954, The construction of the flood con- trol works will probably take one full construction season, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man• ager Schiltz be adopted, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 90®53 Resolution ordering an election on the proposition of issuing bands to the amount of $2,000,000,00 for flood protection purposes. Whereas, it is deemed necessary and for the best interests of the City of Dubuque, Iowa, and its inhabitants that flood protection works be constructed including the building of dikes and the acquisition of necessary equipment, land and rights of way and it is estimated that the cost of carrying out said program will amount to $2,000,000,00; and Whereas, it will be necessary for said City to borrow money and to issue its bonds in order to finance the cost of constructing said flood protection works and under the provisions of Senate File 118 as enacted by the Fifty fifth General Assembly of the State of Iowa, the question of is• suing such bonds may be pre- sented to the qualified voters of said City for their approval; Now, Therefore, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That a special election is hereby called and ordered to be held in and for said City of Du- buque on April 20, 1953, from seven o'clock in the morning until eight o'clock in the evening, at which there shall be submitted to the qualified electors of said City, to be by them voted upon, the proposition of constructing flood protection works and issuing bonds in the sum of $2,000,000,00 to cover the expense of the same, as provided by Senate File 118 as enacted by the Fifty-fifth General Assembly of the State of Iowa, Section 2. That said election on said proposition shall be held in the several voting precincts of said City as prescribed for regular elections in said City and as de- limited by ordinances numbered 7-52 of said City, The polling places within the respective elec• tion precincts shall be as follows: Voting Precincts Palling Places First Precinct-Bryant School, 1280 Rush Street. Second Precinct-Washington Jr, High, 51 N, Grandview Avenue. Third Precinct-Franklin School, 39 Bluff Street, Fourth Precinct-County Court House, 9th Street and Central Ave. Fifth Precinct Lincoln School, 1101 West Fifth Street. 146 Regular Session, March 2nd, 1953 Sixth Precinct-Irving School, 2155 University Avenue, Seventh Precinct -City Hall, 13th Street between Iowa and Central. Eighth Precinct-Chamber of Commerce, 9th & Locust Streets. Ninth Precinct-18th Street Fire Engine House, Tenth Precinct-Central School, 1500 Locust Street. Eleventh Precinct -Kohlman Building, 21st and Central. Twelfith Precinct-Fulton School, 2540 Central Avenue. Thirteenth Precinct-Holy Ghost School, 2901 Central Avenue Fourteenth Precinct - Audubon School, 535 Lincoln Avenue. Fifteenth Precinct -Marshall School, 1450 Rhomberg Avenue. Sixteenth Precinct-Delhi Re- pair Shop, 2612 University Ave. Section 3. That voting machines shall be used for voting upon said proposition and that the City Clerk be and he is hereby auth- orized and instructed to cause ballots for voting on said propo- sition to be prepared in substant- ially the following form in such size as will permit the same to be inserted in each voting machine: (Notice to Voters: For an af- firmative vote on the question submitted, pull down the lever above the word "Yes," Fora nega- tive vote, pull dotivn the lever above the word "No.") Shall The Following Public Measure Be Adopted? Shall the City of Dubuque, Iowa, issue its bands in not to exceed the sum of $2,000,000.00 for the purpose of constructing flood pro• tection works including the build- ing of dikes and the acquisition of necessary equipment, land and rights of way? YES NO Section 4. That the City Cleric shall have ballots for absent voters prepared to be used for voting on the aforesaid proposition on yellow colored gaped in substantially the following form, with the facsimile signature of the City Clerk on the back thereof: (Face of Ballof) (Notice to voters: For an affirma- tive vote on the following propo- sition make a dross (X) mark in the square after the wm•d "Yes," For a negative vote make a similar mark in the square following the word "No.") Shall The Following Public Measure Be Adopted: Shall the City of Dubuque, Iowa, issue its bonds in not to exceed the sum of $2,000,000.00 for the pur- pose of constructing flood protec- tion works including the building of dikes and the acquisition of necessary equipment, land and rights of way? YES NO (i;acit of ®allot) OFFICIAL BALLOT for Flood Protection Bond Proposition, Spec• ial City Election, Dubuque, Iowa, Voting Precinct. April 20, 1953. (Facsimile SignaPure) City Clerk Section 5. That the Mayor is hereby authorized, empowered and instructed to issue a proclamation and notice of the calling of said special election on said proposition, and of the time and places thereof, by publication thereof one each week for four consecutive weeks in the Telegraph-Herald, a newspaper of general circulation printed and published in said City, the last of which publication shall be not less than five days, nor more than twenty days prior to said election, which notice shall be in substant- ially the following form: MAYOR'S PROCLAMATION Notice of Special Election Dubuque, Iowa Public notice is hereby given that a special city election has been called and ordered to be held in the City of Dubuque, Iowa, on the 20th day of April, 1953, from seven o'clock A,M, to eight o'clock P.M, at which there will be submitted to the electors of said City, to be by them voted upon, the proposition of issuing bonds of said City in not to ex- ceed the sum of $2,000,000.00 for the purpose of constructing flood protection works including the building of dikes and the acquisi- tion of necessary equipment, land and rights of way, Regular Session, March 2nd, 1953 147 At said election voting machines will be used and ballots prepared therefor v~ill have printed thereon the proposition in substantially the following form: (Notice to voters: For an affirma- tive vote on the question sub- mitted, pull down the lever above the word "Yes," Far a negative vote, pull dawn the lever above the word "No.") Shall The Following Public Measure Be Adopted? Shall the City of Dubuque, Iowa, issue its bonds in not to exceed the sum of $2,000,000,00 far the purpose of constructing flood pro- tection works including the build- ing of dikes and the acquisition of necessary equipment, land and rights of way? YES NO j The said election will be held in the several election precincts of said City, the boundaries of which shall be delimited by Ordinances Numbered 7-52 of said City. The polling places within the respective election precincts will be as fol- lows: Voting Precincts Polling Places First Precinct-Bryant School, j 1280 Rush Street. Second Precinct-Washington Jr. High, 51 N, Grandview Avenue, Third Precinct-Franklin School, 39 Bluff Street, Fourth Precinct-County Court House, 7th Street and Central Ave. Fifth Precinct-Lincoln School, 1101 West Fifth Street, Sixth Precinct-Irving School, 2155 University Avenue. Seventh Precinct -City Ball, 13th Street between Iowa and Central. Eighth Precinct-Chamber of Commerce, 9th & Locust Streets. Ninth Precinct-18th Street Fire Engine House, Tenth Precinct-Central School, 1500 Locust Street. Eleventh Precinct - Kohlman Building, 21st and Central. Twelfth Precinct-Fulton School, 2540 Central Avenue. Thirteenth Precinct-Holy Ghost School, 2901 Central Avenue Fourteenth Precinct - Audubon School, 535 Lincoln Avenue. Fifteenth Precinct - Marshall School, 1450 Rhomberg Avenue. Sixteenth Precinct-Delhi Re- pair Shop, 2612 University Ave. All qualified electors of said City are hereby notified to appear at said election; each to vote at the palling place 'of the election precinct in which such elector re- sides, or as permitted by statute, This notice is given by order of the City Council of the City of Dubuque, pursuant to Senate File 118 as enacted by the Fifty-fifth General Assembly of the State of Iowa. Dated at Dubuque, Iowa, this 3rd day of March, 1953. Ruben V. Austin, Mayor of the City of Du- buque, Iowa. Attest: J, J. Shea, City Clerk, First Precinct, Judges, Mrs, Ber- nice McCauley, Mrs, Marcella Kane, Harry Krakow; Clerks, Josephine O'Brien, Pearl Hoerner, Second Precinct: Judges, Thomas Hill, Clare Cahill, Nellie M, Loet- scher; Clerks, Meretta Donegan, Lois Marie Fox. Third Precinct: Judges, Mary McGuinness, Joseph Grue, Jessie L, Richardson; Clerks, Vera McAl- lister, Etntice Kilby. Fom°th Precinct: Judges, Eleanor Freund, Genevieve Sisson, I{ath- erine McEvoy; Clerks, Imelda Brant, Margaret Endsley. Fifth Precinct: Judges, Mrs. Grace Wright, Mae Lone7gan, Blanche 0. Hird; Clerks, Laura E. Hohmann, Sadie Trader. Sixth Precinct: Judges, Bertha McDermott, Marie Winteroud, Olive Saterlee; Clerks, Lillian Fleege, Louise Forward, Seventh Precinct: Judges, Hubert Meissen, Loretta Goff, Helene Win- chel; Clerks, Nick Weber, Alexia Hanley. Eighth Precinct: Judges, Louis Lagen, Frances Heles, Hope Ford; Clerks, Anna Weber, Sadie Meyers. Ninth Precinct: Judges, John Merkel, Mayme Casutt, Emma Hinz; Clerks, Belle Leidinger, Edna M, Widdawson, Tenth Precinct; Judges, Leona Beyer, Florence Powers, Anna Kunz; Clerks, Stella Ball, Hattie Donatsoh. Eleventh Precinct: Judges, Etta Schroeder, Lucy Jaeger, Hilda Hoeflin; Clerks, Ida Murray, Hazel Kirkwood. 148 Regular Session, March 2nd, 1953 Twelfth Frecinct: Judges, Isabel Vogel, Phi1O'Dowd, C. W. Nickles; Clerks, Minnie Recker, Elsie Bot- tge. Thirteenth Precinct; Judges, Leo N. Schueller, Clara Francois, Chas, Haudenshield; Clerks, Freda Foell, Mabel Essman. Fourteenth Precinct: Judges, Loretta McAndrews, Elma Howe, Amanda Millius; Clerks, Veronica Agard, Gwendolyn Bohn. Fifteenth Precinct: Judges, Irma Franzen, Lucile Gantert, M. R. Frohs, Clerks, Helen Hohnecker, Minnie Lucas. Sixteenth Precinct: Judges, Per- ry Atlririson, Leo Siegert, Ina Penly; Clerks, Cindy Connery, Ethel AsMussen, The foregoing are proper persons so to act in accordance with Sec- tion 49.12 et seq, of Chapter 49 of the Code of Iowa, as amended, Upon the closing of the polls far said election, said Judges and Clerks shall file reports of the results of said proposition with the City Clerk, in order that such re- sults may be canvassed and of- ficially declared by this Council. Section 7. That this Council meet on the next (secular) day following the day of said election, at the Council Chamber in the City Hall within said City, at 7:30 o'clock P.M. to canvass the results of said election. Section 8. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 9, That this resolution be in force and effect immediately upon its passage and approval. Passed and approved March 2, 1953, RUBEN V. AUSTIN, Mayor CLARENCE P. WELU, Councilman RAY F, KOLB Councilman LEO N. SCHUELLER, Councilman CHARLES A, KRJTZRQGER; Councilman Attest: J, J. SHEA, City Clerk. Recorded March 3rd, 1953, J. J. SHEA, City Clerk, Councilman Kolb moved the idoption of the resolution, Sec= coded by Councilman Schueller. ~arried by the following voter Yeas-Mayor Austin, Council- nen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Kalb moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None, March 2, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, For the past several months I have been negotiating with the U. S. Industrial Chemical Com- pany, owners of the Chemical Plant at the end of Rowan Street, to contribute the cost of paving Rowan Street with concrete. The U.S. Industrial Chemical Company has no responsibility in connection with the assessable cast of this improvement as they are not within the city limits. Rowan Street is the extension of a country road and the right to use this by any traffic is granted by law. The Chemical Company does not transport any chemicals them- selves, btrt it is hauled by contract carriers. Representatives of the company have been trying to cooperate with the city to see what could be done to assist the property owners along Rowan Street in getting a per- manent surface that would not be a financial burden on the prop- erty owners and still one that would withstand the traffic that uses the street. The U.S. Industrial Chemical Company plans to operate in this area on an expanding basis and realizes that their relations with the people of Dbuque are im- portant. They, therefore, have agreed that they will contribute the sum 'of twenty thousands dol- lars ($20,000.00) to pay for the ad• ditional width and thickness of Regular Session, March 2nd, 1953 149 concrete pavement needed, also the difference in cost between asphal• tic concrete surface and concrete. I, therefore, recommend that the City Council authorize the City Manager to execute an agreement with the U.S. Industrial Chemical Company regarding the payment of the sum of $20,000,00, Also that a plat and schedule be prepared for concrete paving of Rowan Street from Grandview Avenue to the city limits. Respectfully submitted, L. J. SCHILTZ, City Manager, Mr. Hansen representing the U. S. Industrial Chemical Coco- -, pang addressed the Council re- garding the payment of the sum of $20,OOO.OD by the U.S. Indus- trial Chemical Company toward the cost of paving Rowan Street with concrete. Councilman Schueller moved that Council concur in the re- j commendation of City Manager [( Schiltz. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- ` men Kintzinger, Kolb, Schueller, ( Welu. Nays-None. RESOLUTIOtd N0. 91-33 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of the following named ' streets by surfacing with bitumin- ons concrete: 1, Coates Street from the west city corporation limits to west property line of Fremont Avenue, 2, Lombard Street from the east property line of Gandolfo Street to the north property line of Dodge Street. ~ 3, Dillon Street from the east property line of South Grandview Avenue to end of Dillon Street, 4, Alta Place from the south prop- : erty line of Fillmoro Street to the north property line of Delaware Street. 5, Fillmore Street from the east property line of Alta Place to the west property Line of Auburn Street, 6. Delaware Street from the east property line of North Algona Street to the west property line of Atlantic Street. Z Belmont Street from the west property line of Dose Street to the south property line of Loras Boule- vard, 8, Cardiff Street from the north property line of Muzzuchelli Road to the south property line of West Third Street, 9, Harold Street from the west property line of Seminary Street to the south property line of Lowell Street. 10. Schroeder Street from the north property line of Seminary Street to the south property line of Lowell Street, 11, Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road. 12. Avalon Road from the north property line of Hillcrest Road to the south property line of Asbury Road, 13. Broadlawn Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 14, Morningview Road from the north property line of Hillcrest Load to the south property line of Asbury Road. 15. Chaney Road from the west property line of Hillcrest Road to the south property line of Asbury road. 16, Ogilhy Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 17. Mullin Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 18, Hillcrest Road from the west property line of Asbury Road to the west property line of Avalon Road. 19. Valleyview Road from the east property line of Avalon Road to the west property line of Chaney road, 20, Reis Street from the east property line of Windsor Avenue to the west property line of Staf- ford Avenue. 21. Shims Avenue from the west property line of Rhomberg Avenue 150 Regular Session, March 2nd, 1953 to a paint 120 feet north of the north property line of Courtland Street. 22, Burden Avenue from the north property line of Edith Street to the south property line of Davis Avenue, 23, Decorah Street from the west property line of Auburn Street to the east property line of Irving Street. 24, Southern Avenue from the east property line of South Grand• view Avenue to 90 feet east of the east property line of Sullivan Street, Estimated assessed cost, $171; 538.18, presented and read, Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kalb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 9253 Be It Resolved by the City Council of the City of Dubuque, Iowa, on its own motion: Section i, That it is deemed ad• visable and necessary for the public welfare to make and provide street improvements under the provisions of Chapter 391 of the 1950 Code of Iowa, by surfacing on the following portions of the following named sheets with bituminous concrete, to wit: 1. Coates Street from the west city corporation limits to west property line of Fremont Avenue. 2. Lombard Street from the east property line of Gandolfo Street to the north property line of Dodge Street. 3. Dillon Street from the east property line of South Grandview Avenue tb end of Dillon Street. 4 Alta Place from the south prop- erty line of Fillmore Street to the north property line of Delaware Street. 5. Fillmore Street from the east property line of Alta Place to the west property line of Auburn Street. 6. Delaware Street from the east property line of North Algona Street to the west property line of Atlantic Street, 7. Belmont Street from the west property line of lose Street to the south property line of Loras Boule- vard. 8. Cardiff Street from the north property line of Muzzuchelli Road to the south property line of West Third Street. 9. Harold Street from the west property line of Seminary Street to the south property line of Lowell Street. 10. Schroeder Street from the north property line of Seminary Street to the south property line of Lowell Street. 11, Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road. 12. Avalon Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 13. Broadlawn Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 14. Morningview Road from the north property line of Hillcrest Road to the south property line of Asbury Road, 15, Chaney Road from the west property line of Hillcrest Road to the south property line of Asbury }woad. 16, Ogilby Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 17. Mullin Road from the north property line of Hillcrest Road to the south property line of Asbury Road, 18. Hillcrest Road from the west property line of Asbury Road to the west property line of Avalon Road. 19, Valleyview Road from the east property line of Avalon Road to the west property line of Chaney IBoad. 26. Reis Street from the east property line of Windsor Avenue to the west property line of Staf- ford Avenue. 21. Shims Avenue from the west property line of Rhomberg Avenuo to a point 120 feet north of the north property line of Courtland Street. r Regular Session, March 2nd, 1953 151 22, Burden Avenue from the north property line of Edith Street to the south property line of Davis Avenue, 23, Decorah Street from the west property line of Auburn Street to the east property line of Irving Street. 24. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. Estimated assessed cost, $171,- 538.18. Section 2, Said improvements shall be constructed under contract and in accordance with the plans and specifications which have been prepared therefor by the City En- gineer and which together with the Plat and Schedules for such improvements, have been approved by the City Council and are now on file in the office of the City Clerk. Section 3. That the cost and expense of making said improve- ments will be assessed upon and against all privately owned prop• erty lying within the 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 on any of said portions of said street os' is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the street fund, The railway portion of any such streets shall be assessed against the railway company. Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as pro- : vided by Section 396,6 of the Code of Towa, 1950, for the purpose of providing for the payment of the assessed cast of said improvements; said bonds to be issued in antieipa- tion of the deferred payment of the assessments levied therefor, and that said bonds will be sold at public sale in the manner pro- vided by law, but shall not be sold for less than their par value with accrued interest from date of bonds to the time of delivery thereof. Section 5, That unless property owners at the time of final con- sideration of this resolution have on file with the City Clerk objec- tions to the amount of the pro- posed assessment, they shall be deemed to have waived all ob- jections thereto. Section 6. For purpose of brevity and reference all the foregoing im- provements shall be known as "City of Dubuque 1953 bituminous concrete surfacing project." Introduced, approved and ordered placed on file with the City Clerk this 2nd day of March, 1953. RUBEN V. AUSTRV Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; J, J, SHEA, City Clerk. Councilman Schueller moved that the resolution just read being a resolution ordering street im- provements be now considered complete in farm for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption, Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Glxong date of hearing) RES®LUT16N N0. 93-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 91-53 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve• ments on the following portions of the following streets by installing a bituminous concrete surface course thereon, to-wit: 1. Coates Street from the west city corporation limits to west property line of Fremont Avenue. 2. Lombard Street from the east property line of Gandolfo Street 152 Regular Session, March 2nd, 1953 to the north property line of Dodge Street. 3. Dillon Street from the east property line of South Grandview Avenue to end of Dillon Street. 4. Alta Place from the south prop- erty line of Fillmore Street to the north property line of Delaware Street. 5. Fillmore Street from the east property line of Alta Place to the west property line of Auburn Street. 6, Delaware Street from the east property line of North Algona Street to the west property line of Atlantic Street, 7, Belmont Street fiom the west property line of Rose Street to the south property line of Loras Boule- vard, 8. Cardiff Street from the north property line of Muzzuchelli Road to the south property line of West Third Street. 9. Harold Street from the west property line of Seminary Street to the south property line of Lowell Street. 10. Schroeder Street from the north property line of Seminary Street to the south property line of Lowell Street, 11. Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road. 12. Avalon Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 13, Broadlawn Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 14, Morningview Road from the north property line of Hillcrest FOoad to the south property line of Asbury Road. 15. Chaney Road from the west property line of Hillcrest Road to the saath property line of Asbury 1lload. 16, Ogilby Road from the north property line of Hillcrest Road to the south property line of Asbury Road, 17. Mullin Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 18. Hillcrest Road from the west property line of Asbury Road to the west property line of Avalon Road, 19. Valleyview Road from the east property line of Avalon Road to the west property line of Chaney }load, 20. Reis Street from the east property line of Windsor Avenue to the west property line of Staf- ford Avenue, 21, Shiras Avenue from the west property line of Rhomberg Avenuo to a point 120 feet north of the north property line of Courtland Street. 22. Burden Avenue from the north property line of Edith Street to the south property line of Davis Avenue. 23. Decorah Street from the west property line of Auburn Street to the east property line of Irving Street. 24, Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 19th day of March, 1953, a pub- lic hearing will be held at 7:30 0'- clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement 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 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 Neces- sity 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 same news- paper published in the city 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 Regular Session, March 2nd, 1953 153 property 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 2nd day of March, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J, SHEA City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Resolution No. 94-53. Pre- liminary approval of proposed plans, specifications, form of con- , tract, plat and schedule and all t other documents for the improve- ments on the following portions of the following streets by installing ` concrete curb and gutter thereon, C to-wit: 1. Coates Street from the west city corporation limits to the east property line of Lot 2 of 1 of 1 of R, W, Baker's Sub, 2, Hillcrest Road on south side only from the west property line of Asbury Road to the west prop- ` erty line of Avalon Road extended. 3, Shiras Avenue from the north property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. 4. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street, Estimated assessed cost, $25,942; 53. presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by - the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu. -Nays-None. RESOLUTION N0. 95-53. Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, on its own motion; Section 1. That it is deemed ad- visable and necessary for the pub- lic welfare to make and provide street improvements under the pro• visions of Chapter 391 of the 1950 Code of Iowa, by installing concrete curb and gutter on the following portions of the following named streets with concrete portland ce- ment, to-wit: 1, Coates Street from the west city corporation limits to the east property line of Lot 2 of 1 of 1 of R. W. Baker's Sub, 2. Hillcrest Road on south side only from the west property line of Asbury Road to the west prop- erty line of Avalon Road extended. 3. Shiras Avenue from the north property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. 4. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. Estimated assessed cost, $25,942,- 53. Section 2. Said improvements shall be constructed under contract and in accordance with the plans and specifications which have been prepared therefor by the City Engi- neer and which together with the Plat and Schedules for such im- provements, have been approved by the City Council and are now on file in the office of the City Clerk, Section 3. That the cost and ex- pense of making said improve- ments will be assessed upon and against all privately owned prop- erty lying within the assessable distance provided by law and in an amount not to exceed the amount provided by law, Proper- ty will be assessed whether the same abuts on any of said portions of said street or is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the street fund. The railway portion of any such streets shall be assessed against the rallway company. ~x 154 Regular Session, March 2nd, 1953 Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as prro- vided by Section 396.6 of the Code of Iowa, 1950, for the purpose of providing far the payment of the assessed cost of said improve- ment; said bonds to be issued in anticipation of the deferred pay- ment of the assessments levied therefor, and that said bands will be sold at public sale in the man- ner provided by law, but shall not be sold for less than their par value with accrued interest from date of bonds to the time of deliv- ery thereof. Section 5. That unless property owners at the time of final con- sideration of this resolution have on file with the City Clerk objec- tions to the amount of the proposed assessment, they shall be deemed to have waived all objections thereto, Section 6. For purposes of brevi- ty and reference all the foregoing improvements shall be known as "City of Dubuque 1953 Concrete Curb and Gutter Project No. 1." Introduced, approved and or- dered placed on file with the City Clerk this 2nd day of March, 1953. RUBEN V. AUSTIN Mayor. CLARENCE P. WELU RAY F. I{OLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Kolb moved that the resolution just read being a resolu- tion ordering street improvements be now considered complete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (fixing date ®f hearing) Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 94-53 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ments on the following portions of the following streets by installing concrete curb and gutter thereon, to-wit: 1. Coates Street from the west city corporation limits to the east property line of Lot 2 of 1 of 1 of R. W. Baker's Sub. 2. Hillcrest Road on south side only from the west property line of Asbury Road to the west prop- erty line of Avalon Road extended. 3. Shiras Avenue fiom the north property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. 4. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now an file in the City Clerk's office for inspection. Be It Therefore Resolved that on the 19th day of March, 1953, a pub- lic hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time tide owners of property sub- ject to assessment for the pro- posed improvement may appear and make objection to the proposed plans and specifications and pro- posed 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 b2 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- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the T Regular Session, March 2nd, 1953 155 day fixed for its consideration and unless property owners at the time of final consideration of said reso- lutions 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. Passed, adopted and approved this 2nd day of March, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU ` RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk Councilman Schueller moved the 1 adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger; Kolb, Schueller, Welu. Nays-None, Notice of Claim of Roger F. I Hirsch in an unstated amount far damages to his car caused in strik- ing amanhole in front of 1191 Ed- ina Street, presented and read. Councilman Welu moved that the ~ Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Ifolb, Schueller, ' Welu. Nays-None. Notice of Claim of Art. M. Ben- - nett in an unstated amount far damages to his car caused in strik- ing ahole in the street at the foot of the hill an Auburn Street, pre- sented and read. Councilman We• lu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Notice of Claim of John P. Ney- ens in the amount of $800.00 for injuries received in a fall on icy street at 16th & White Streets, pre- sented and read. Councilman Welu moved that the Notice o£ Claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kintzinger. Carried by the followings vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Harold Cos- ley in the amount of $18324 for damages caused by the backing up of the main sewer into his base- ment at 127 North Booth Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City So- liticitor for investigation and re- port. Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Patricia Roe- thig in the amount of $23.00 far damages to her car caused in striking a tree which extended in- to the street at 819 Rhomberg Ave- nue, presented and read. Council- man Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kint• zinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mr, and Mrs. Paul Farni in the amount of $290.40 for damages caused by negligence on the part of the City of Dubuque in having a sanitary sewer exten- sion constructed on Kaufmann Ave- nue, presented and read. Council- man Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Clifford J. Winner in the amount of $350.00 for damages because of water that came down our sanitary sewer from where the Saffron Construc- tion Company has been extending ~~ 156 Regular Session, March 2nd; 1953 the sewer up Kaufmann Avenue, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Kintzing- er, Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Gladys Kiefer in the amount of $92.50 for injuries received in a fall on an icy side- walk at 16th and Pine Streets, pre- sented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Walter Anglin in the amount of $19.56 for dam- ages to his car caused in striking a hole in the street between 20th and 21st Streets on White Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Kintzing- er, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Mrs. Lester Morris submitting complaint about taxes, bus service and in particular about taxation for flood control, presented and read. Councilman Kintzinger moved that the com- munication be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, I{olb, Schueller, Welu. Nays-None. Communication of Miss Mary Schroeder stating that she wish- es to withdraw her signature from the petition circulated by Dr. Ray- mond Deming asking for the re- zoning of the area at Loras Boul- evard and Bluff Street into a bus- iness area, presented and read. Councilman Welu moved that the communication be referred to the Planning and Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of Mrs. Eliza- beth Smith stating that she wishes to have her name withdrawn from the petition in favor of building a clinic and filling station on the va- cant lot at 14th Street from Locust to Bluff Streets, presented and read. Councilman Welu moved that the communication be referred to the Planning and Zoning Commis- sion. Seconded by Councilman Schueller, Carried by the following vote; Yeas -Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of Frank J. and Eleanor M. Fox stating that they wish to have then names with- drawn from Dr. Deming's peti- tion to rezone the 14th and Locust and 14th and Bluff Street area to a business district, presented and read. Councilman Welu moved that the communication be referred to the Planning and Zoning Commis- sion. Seconded by Councilman Schu- eller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Mrs. John Ry- an stating that she wishes to with- draw the signatures of John Ryan and Mrs. John Ryan from the pe- tition favoring the rezoning of the area at Loras Blvd. and Bluff Street solicited by Dr. Deming, pre- sented and read, Councilman Welu moved that the communication be referred to the Planning and Zo- ing Commission..Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Cotmcilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Key City Lodge No. 1238 International Association of Machinists Dubuque, Iowa February 28, 1953. To the Honorable City Council Dubuque, Iowa Enclosed herewith is a copy of Regular Session, March 2nd, 1953 157 __ a letter sent to our Int'1 President which is self-explanatory. Yours truly Norbert W. Budde Recording Secretary Key City Lodge No. 1238 International Association of Machinists Dubuque, Iowa February 28, 1953 A. J. Hayes, InPI President Machinists Building Washington 1, D.C. Dear Sir and Brother Hayes: At the last meeting of our lodge it was called to our attention the very gracious and hospitable man- ner in which you received three members from our city council and the City Manager. They with our j members realize the tremendous amount of work required of you but still giving of your time to discuss with them our problem which we along the upper Mississippi have in the spring on flood problems is certainly appreciated beyond the ~ realm of your belief, This demon- 6 strates not only to our membership here in the city but also to the city officials the depth of interest ~ you have in the welfare of the people as a whale. Therefore, in behalf of the mem- bership Iwish to express our sin- - cere thanks to you far the services you-have rendered to them and your kind offer of the facilities from your office in any way that could be of assistance to them. With best wishes, I remain Sincerely yours, Norbert W. Budde Recording Secretary. Councilman Schueller moved that the communications be re- ceived and made a matter of rec- ord. Seconded by Councilman Kintzinger. Carried by the follow- -- ing vote: Yeas-Mayor Austin, Cotmcilmen Kintzinger, Kolb, Schueller, Welu, b Nays-None. Petition of Mrs. C. W. Richards and other opposing the rezoning of the area north of Loras Boulevard between Bluff Street and an alley east of Locust Street for a business district, presented and read. Coun- cilman Welu moved that the peti- tion be referred to the Planning and Zoning Commission, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Wesley L. Friebel and others, residents of Lindberg Terrace stating that wish to have the street improved with curb• ing, guttering, surfacing, etc., pre- sented and read. Councilman Schueller moved that the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Harold H. Hodges and others, resident and adjacent resi- dents of Lindberg Terrace object- ing to the proposed curbing, gutter- ing and paving of said street, pre• sented and read. Councilman Schueller moved that the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of the General Fitzhugh Lee Auxiliary requesting permis- sion to sell carnations on the streets on AprIl 23rd, 1953, present- ed and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Leo A, Schwind Post No, 508 Veterans of Foreign Wars requesting permission for hold- ing aBuddy Poppy Sale on the streets on the evening of May 15th, 1953 and the day and evening of May 16th, 1953, presented a n d read. Cotmcilman Kolb moved that the request be granted providing there are no conflicting dates, Seconded by Councilman Schueller. Carried by the following vote; 158 Regular Session, March 2nd, 1953 Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Board of Trustees of First Congregational Church, by C. C. J istman, Chairman, submit- ting protest against and asking de- nial of a permit for the location of a tavern at the corner of Tenth and Main Streets, presented and read. Councilman Schueller moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Dubuque Plumbing and Heating Company requesting authorization for a renewal of their permit to excavate in the streets and alleys, presented and read. Councilman Kintzinger moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Hyde Clark Woman's Relief Corps, Auxiliary of the Grand Army of the Republic, re- questing permission for the sale of tags on the streets on Friday eve- ning April 3, and all day Saturday Aprfl 4th, 1953, presented and read. Councilman I{olb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Irene Nelson request- ing arefund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 302, as she has discontinued business on February 4, 1353, presented and read. Councilman Kintzinger moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Irene Nelson to cover the amount of refund grant- ed on the unexpired portion of her Cigarette Permit No. 302. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Walter M. Schmidt re- questing permission to connect his property to the privately owned sewer of the Sisters of St. Francis running down the middle of Wind- sor Avenue from Xavier Hospital, presented and read. City Manager Schiltz submitted verbal recom- mendation that the request be granted subject to payment by Mr. Schmidt of the fee as set by the Sisters of St. Francis. Councilman Kolb moved that the verbal recommen- dation of City Manager Sehiltz be approved. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Roy M. Denman re- questing the extension of the city water main on Hempstead Street between Lowell Street and Napier Street to serve Lots 123, 124 and 125 in Mechanics Addition, pre- sented and read. Councilman Kolb moved that the petition be referred to the City Water Department. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Robert J. Egelhof and Ethelda Norberg Sassenrath, by Mrs. Julia Heuser, AgentwithPow- er of Attorney, requesting the ex- tension of the city water main westerly from the corner of Keo- kuk Street and Primrose Street to serve Lots 90, 91, 92, 93, 94, 95, 90, 99, 100, 101, 102 and 103 in McDaniels Poi°k Hill and Mineral Lot 352, presented and read. Coun- cilman Kolb moved that the pe- tition be referred to the City Man- ager to confer with the petitioners. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Regular Session, March 2nd, 1953 159 Petition of M. J. Duggan and others, citizens and residents of the City of Dubuque, all being owners or occupants of property, adjac- ent to or in the vicinity of the city fire station presently located at Forest Lane, Delhi Street and Un- iversity Avenue, requesting the Ci- ty Council that upon the ending of the use of the present fire station at Delhi Street and University Ave- nue that no action be taken which would dispose of the property pre- sently occupied by said fire station and its adjacent park to private hands, which would change the sta- tus from public or municipal pro- perty to private ownership or oc- cupancy; which would result in said property being rezoned or con- verted to any use other than park purposes, presented & read. Coun- cilman Schueller moved that the petition be referred to the City Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of J. Edward Whelan asking for a reduction in the rent- al price for use of the ball park for the season of 1953 and aslcing that this matter be referred to the Recreation Department for their consideration, presented and read. Councilman Welu moved that the petition be referred to the Play- ground and Recreation Commis- sion. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, tiVeht. Nays-None. Petition of the Third Presbyter- ion Church Board of Trustees, by Robert L. Goodman, Secretary, re- questing the City Council to give every consideration to the $310.00 assessment against their property for the resurfacing of Stafford Ave- nue and asking if it is possible for this assessment to be nullified, and, if not, is there any way in which it might be reduced, pre- sented and read. Councilman Kint- zinger moved that the petition be referred to the City Solicitor for investigation and report. Second- ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Mrs. Augusta Wim- mer and others, owners of pro- perty abutting Meadow Lane and Lombard Street, in the City of Du- buque, objecting to the proposed installation of curb and gutter on Meadow Lane and further object- ing to the proposed widening of said Meadow Lane from its pre- sent width of twenty feet to a width of forty feet, and further stating that they have no objec- ions, however, to any proposed sur- facing of Meadow Lane consistent with the objections hereinabove set forth, presented & read. Attorney Romolo N. Russo, representing one of the property owners, on the cor- ner of Meadow Lane and Lombard Street, addressed the Council in support of the petition objecting to the proposed curb and gutter- ing and widening of Meadow Lane. Councilman Welu excused from the Council meeting and left the Coun- cil Chamber at 8:35 p.m. Council- man Schueller moved that the pe- tition be referred to the Council to view the grounds. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Nays-None. Absent-Councilman Welu. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1,00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot i of M.L. 337 in the City of Dubuque hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across the Southerly 10 feet of Lot 1 of M. L. 337 for the purpose of constructing a sani- tary sewer with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same when installed; provided, however, ;,~ ,. 3:; ,. 1_.", 160 Regular Session, March 2nd, 1953 that said City of Dubuque shall re- place whatever earth, sod or shrub- bery that may be disturbed in the installation or repair of said sani- tary sewer to as good condition as it was in before the same was dis- turbed. This grant of easement shall be binding upon the undersigned, its uur~hasers and assigns forever. Dale B. Wiegand Hilda Wiegand State of Iowa SS Dubuque County On this 22nd day of January, 1953 before me, a Notary Public in and for the county of Dubuque, State of Iowa, personally appeared Dale B. Wiegand and Hilda Wie- gand, to me known to be the iden- tical persons -who executed t h e foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. Ed C. Tschudi Notary Public in and for said County, State of Iowa. (SEAL) Councilman Kolb moved t h a t the Grant and Easement be re- ceived and made a matter of rec- ord. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Nays-None, Absent-Councilman Welu. GRANT AND EASEMENT Know all men by these presents; That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lots 1 of 30: Lot 1 of 31 and 1 of 32 in Burton's Addition in the City of Dubuque hereby grants and conveys to said City of Du- buque, aperpetual right of ease- ment, in, over and across the northerly 10 feet of said lots 1 of 30: 1 of 31 and 1 of 32 in Burton's Addition in the City of Dubuque for the purpose of constructing a sanitary sewer with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same when installed; provided, however, that said City of Dubuque shall re- plce whatever earth, sod or shrub- bery that may be distributed in the installation or repair of said sani- tary sewer to_as good condition as it was in before the same was dis- turbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever. Otto Spechltenhauser Sr. State of Iowa ~ SS Dubuque County On thrs 23rd day of January, 1953 before me, a Notary Public in and for the county of Dubeared State of Iowa, personally app Otto Spechtenhauser, Sr, to me, known to be the identical person named in and who executed the foregoing instrument and acknowl- edged that he executed the same as his voluntary act and deed. In Witness Wh name Land off xed unto signed mY and year my Notarial Seal the day last above written. Geraldine L. Jenni Notary Public in and for said County, State of Iowa. (SEAL) Councilman Kolb moved that the Grant and Easement be re- ceived and made a maCouncilman ord. Seconded by the follow- Kintzinger. Carried by ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Councilman Welu. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lots 2 of M. L. 342: 2 of 1 of 1 of 1 of 1 of M, L, 342 in southerly 10 feet of Lot 2 of M, L. the City of Dubuque hereby grants and conveys to said City of Du• buque, a perpetual right of ease- ment, in, aver and across the southerly 10 feet of Lot 2 of . L. 342:2of1of1of1oflafM,L. 342 andLotlofloflofloflof M, L. 342 in the City of Dubuque for the purpose of constructing a Regular Session, March 2nd, 1953 161 sanitary sewer with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same when installed; provided, however, that said City of Dubuque shall re- place whatever earth, sod or shrub- bery that may be disturbed in the installation or repair of said sani- Lary sewer to as good condition as it was in before the same was dis- turbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever, Otto Spechtenhauser, Sr, State of Iowa l } SS Dubuque County JJJ On this 23rd day of January A,D, 1953 before me a Notary Public in and for the county of Dubuque, State of Iowa, personally appeared Otto Spechtenhauser, Sr, to me, known to be the identical person named in and who executed the foregoing instrument and acknowl• edged that he executed the same as his voluntary act and deed. a In Witness Whereof, I have here- - unto signed my name and affixed my Notarial Seal the day and year last above written. Geraldine L. Jenni Notary Public in and for said County, State of Iowa. j (SEAL) { Councilman Kolb moved that r the Grant and Easement be re• ceived and made a matter of rec- ord. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. GRANT AND EASEMENT g Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 2 of M. L. 337 in the ~- City of Dubuque hereby grants and conveys to said City of Dubuque, aperpetual right of easement, in, over and across the northerly 10 feet of Lot 2 of M. L. 337 for the purpose of constructing a sanitary sewer with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when in- stalled; provided, however, t h a t said City of Dubuque shall replace whatever earth, sod or shrubbery that they may disturbed in the in- stallation or repair of said sanitary sewer to as good condition as it was in before the same was dis- turbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever, Richard K. Pregler Virginia L, Pregler State of Iowa l } SS Dubuque County J On this 22nd day of January, 1953 before me a Notary Public in and far the county of Dubuque, State of Iowa, personally appeared Richard Pregler and Virginia L. Pregler to me known to be the identical persons who executed the foregoing instrument, and ac- knowledged that they executed the same as their voluntary act and deed. In Witness Whereof, I have hereunto signed my name and af- fixed my Notarial Seal the day and year last above written, Ed C. Tschudi Notary Public in and for said County, State of Iowa. (SEAL) Councilman Kolb moved that the Grant and Easement be re- ceived and made a matter of rec- ord, Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None, Absent-Councilman Welu, GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Du• buque, Iowa, a municipal corpora- tion, the receipt whereof is hereby acknowledged, the undersigned be- ing the owner of Lot 2 of M. L, 210 in the City of Dubuque hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, over and across the southerly 10 feet of M. L. 210 for ~' . 162 Regular Session, March 2nd, 1953 the purpose of conshucting a sani- tary sewer with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same when installed; provided, however, that said City of Dubuque shall re- placewhatever earth, sod or shrub- bery that may be disturbed in the installation or repair of said sani- tary sewer to as good condition as it was in beforo the same was dis- turbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever. William Becker Bertha Becker State of Iowa SS Dubuque County On this 22nd day of January, 1953 before me a Notary Public in and for the county of Dubuque, State of Iowa, personally appeared William Becker and Bertha Becker to me known to be the identical persons who executed the fore- going instrument, and acknowl- edged that they executed the same as their voluntary act and deed. In Witness Whereof, I have here- unto signed my name and affixed my Notarial Seal the day and year last above written, Ed. C. Tschudi Notary Public in and far said County, State of Iowa. (SEAL) Councilman Kolb moved that the Grant and Easement be re- ceived and made a matter of ree• ord. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu, State of Iowa SS Dubuque County J , The within Certiftcate of C i t y Clerk with Resolution No. 85-53 attached received this 3 day of February, 1953 and I certify that on the 4 day of February, 1953 I served said Certificate of City Clerk with Resolution No. 85-53 attached on the Chicago Great Western Railway Company by de- livering atrue copy thereof to C, W. Eilers, Local Agent for said Chicago Great Western Railway Company in Julien township, Du- buque County, State of Iowa. Leo J. Martin Sheriff, Dubuque County, Iowa By Bill Ryder Deputy, CotmcIlman I{olb moved that the Return of Service be received and made a matter of record. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Councilman Welu. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of Decembers 1952, presented and read. Council man Kolb moved that the proof of pubhcation be received and filed, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for whtch warrants were drawn during the month of January, 1953, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Councilman Welu. February 20, 1953 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning & Zoning Commission has considered t h e petition of Dr. Raymond L, Deming et. al. referred to said Planning & Zoning Commission by City Caun- ci1 Jan• 31, 1953, and respectfully recommends to Your Honorable Body denial of the petition as a matter of Public Safety as follows: Regular Session, March 2nd, 1953 163 (1) This property is located with- in 200 feet of a Church property- ; Dubuque Bible Church 1477 Locust St. (See Article IX d-Zoning Or- dinance No. 3-34) which organiza- tion signs a statement endeavoring to waiver "our rights under the Zoning Ordinance which prohibits a filling station within two hun- Bred (200) feet of a Church", How- . ever these restrictions go with the property, and not subject to wishes of the property owners under the Zoning Ordinance and may be changed only by amendment of the Law by City Council. These regula- tions hold in every class of zoning where Filling Stations are allowed, E even in the less restricted Indus- trial, Business as well as Local Business zones and with the fifty (50) foot limit from .Residential ( property are put into the law for safety purposes, If such fire safety regulations could be waived by property owners, there would be no stable safety laws, (2) This property is within two hundred (200) feet of St. John's Episcopal Church property, 1428 Locust St. used as a "public j assembly hall" for C h u r c h functions under the Law and thus prohibited for use of Filling Sta- tions under the Zoning Ordinance. (3) The property on which it is proposed to locate a Filling Station will be within two hundred (200) feet of the proposed Clinic proper- ty. Thus, it would appear a Clinic Building and a Filling Station just may not be legally placed on the property within two hundred (200) feet of each other. (4) The property on which it is proposed to place a Filling Station will be "located within fifty (50) feet of any boundary line of any Residence District" on the Bluff St, side and thus be illegal under said Article IX-d of the Zoning Ordi• nonce. (5) Even without these legal rea- sons, many more such as increased traffic on and off the main high- ways on all sides of the property would serve to prevent use of the property as petitioned. Respectfully submitted, Dubuque Planning & Zoning ,` Commission By R. V. McKay, Secretary Dr. Raymond L, Deming ad- dressed the Council in support of his petition and requested Council to give consideration to the grant- ing of the petition, Councilman Kolb moved that the recommenda- tion of the Planning and Zoning Commission be adopted, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Councilman Welu, February 12, 1953 Hon. Mayor and Members of the City Council Dubuque, Iowa Gentlemen: The claim of dValter L, Primas- ing for damages to his car has been referred to this office for in- vestigation and report. I have in- vestigated this matter and dis- cussed the claim with Mr. Primasing and he has agreed to accept $37,79 in full settlement, I recommend that the settlement be approved and the Auditor instruct- ed to issue a warrant in favor of Walter L. Primasing in the amount of $37.79, and deliver the same to him upon receipt of his properly executed release. Sincerely, T. H. Nelson, CotmcIlman Kintzinger move d that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $37.79 in favor of Walter L. Primasing, 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 Schueller. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Councilman Welu. February 25, 1953 Hon, Mayor and Members of the City Council Dubuque, Iowa Gentlemen; The claim of Mrs, Jean Carlson for damages resulting from a fall on the crosswalk at the intersec- 164 Regular Session, March 2nd, 1953 tion of Eighth and Main Streets on October 30, 1953 has been referred to this office for investigation and report. I have investigated this claim and discussed the matter with Mr. Carlson and her witnesses. She has agreed to accept $300.00 in full set- tlement of her claim, I recommend that her claim be allowed in the amount of $300 and that the Auditor be instructed to '' issue a warrant payable to Mrs. Jean Carlson, and deliver the same to her upon receipt of her properly executed release, Respectfully, T. H. Nelson Councilman Schueller moved that the recommendation of City Solici- tor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $300.00 in favor of Mrs. Jean Carlson, as settlement in full of her claim, and that said warrant be delivered up- on receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None, Absent-Councilman Welu. February 26, 1953 Hon. Mayor and Members of the City Council Dubuque, Iowa Gentlemen: The appeal of Martin Galvin, et al, from the special assessment against Lots 30, 31, 32; Lot 2 of 50 and Lot 2 of 51, all of Bellevue Addition, in the City of Dubuque for the surfacing of Queen Street, has been referred to this office for action. I have discussed this matter with the City Manager, the City Engineer and the Attorney for ap- pellants and have concluded that the assessment is excessive. Ap- pellants have agreed to pay $385.37 in a lump sum in full settlement of their assessment and I recom- mend that this offer be accepted and that the Auditor be instructed to issue a warrant drawn upon the Street Fund to pay the balance of the assessment, Sincerely, T. H. Nelson. Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed accord- ingly, Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. February 24,1953. 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 January 1953, as well as list of claims and list of payrolls for which warrants were issued for the month of Jan- uary 1953, Also included are the annual reports of the City Auditor, City Treasurer and City Health De- partment covering the fiscal year beginning January 1, 1952 and end- ing December 31, 1952. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved t h a t the reports be received and placed on file, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller. Nays-None. Absent-Councilman Welu. February 28, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have ap• proved the following policies and bond and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: EXCAVATION Bernie L. Bjornson, The Fidelity and Casualty Co. Thomas Flynn Coal Co,, 3rd Street Extension, Policy No, GB 638633, Standard Accident Ins. Co. Curtis-Straub Co„ 1072 Locust Street, Policy No, PC14490, Central Surety and Ins. Corp. Regular Session, March 2nd, 1953 165 Dubuque Plumbing & Heating Co., 1395 Washington Street, Policy No. CL 823778, Bituminous Casualty Corp, Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the policies and bond be approved and placed on file subject to the approval of the City Solicitor. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. March Z, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of County Auditor Meloy advising that the Board of Supervisors have received an offer from George Vogel in the amount of $25.00 for the purchase of the west one-half of Lot 1 and Lot 2, Scott's First Addition, Block 1, was referred to the City Council to view the grounds, The decision of the city council was to authorize the sale of this property for $25.00. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent Councilman Welu. RESOLUTION NO. 41-53. Whereas, Lot 2, Scott's First Ad- dition, Block i in the City of Du- buque, Dubuque County, Iowa, was sold on February 3, 1936 to Du- buque County, Iowa by the County Treasurer of Dubuque County, Iowa for the delinquent taxes and unpaid taxes against the real es- tate for 1934 and prior years, and Whereas, the west one-half of Lot 1, Scott's First Addition, Block 1, in the City of Dubuque, Dubuque County, Iowa was sold on January 4, 1943 to Dubuque County, Iowa by the County Treasurer of Du- buque County, Iowa for the delin- quent taxes and unpaid t a x e s against the real estate for the years 1939 to 1941 inclusive, and Whereas, the said Dubuque Coun- ty, Iowa desires to sell the above described real estate to George Vogel for $25.00; and Whereas, the sale of said proper- ty to Dubuque County, Iowa to George Vogel for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and costs requires t h e written approval of a majority of all the tax-levying and tax-certify ing bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that the sale of said property to George Vogel for the sum of $25,00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 2nd day of March, 1953, RUBEN V. AUSTIN Mayor. RAY F, KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu, March 2, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have negotiated for the pur- chase of Lot 16 and Lot 17 Rose- dale Addition for $500.00 per lot. A portion of these lots will be needed to eliminate the abrupt turn at Audubon and Rosedale Ave- nue. After the turn is eliminated there will be a buIlding lot avail- 166 Regular Session, March Znd, 1953 able for sale by the city. I rec- ommend that the City Council ap- prove the purchase of this prop• erty. Respectfully submitted, L. J. Schiltz, City Manager, Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, I{olb, Schueller, Welu. Nays-None. Absent-Councilman Welu, February 24, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Franlc Robinson and others requesting the installa• tion of a street light at the corner of High Bluff and Stafford Ave- nue was referred to the city man- ager for recommendation and re- port. IIpon investigation it was found that this is a dark corner especially with the number of pedestrians us- ing this street, I would recommend the installation of a street light at that location and would also re_ commend the installation of a street light on Fremont Avenue near the driveway entrance to Wartburg Seminary. L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendations of City Manager Schiltz be approved, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. February 24, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In order that the extension of Grandview Avenue between Delhi and University may be initiated, it is necessary that two parcels of property be acquired, that own- ed by Laura A, Potterveld and that owned by Susan M. Fullarton. I have an agreement whereby each property owner agrees to sell to the City of Dubuque their prop- erty for this improvement. The ne- gotiated price for the Potterveld property is $29,000.00 and that far the Fullarton property, $24,500,00. I recommend that the City Coun- cil approve the purchase of this property so that we may proceed with the extension of Grandview Avenue in this location. Respectfully submitted, L. J, Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Counciiman Welu. February 24, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have acquired options and agreements for the purchase of property on the corner of Ninth and Bluff Streets for the purpose of enlarging the parking lot. The total amount for this property is $35,000.00, This price is in line with the appraised value of the property and I recommend that the Coun- cil approve purchase of this prop- erty at the agreed prices. Respectfully submitted, L, J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller. Carried by the Following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. February 24, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the City Council meeting of February 2nd, a letter was ad- dressed to the council requesting Regular Session, March 2nd, 1953 167 the installation of additional traf- fic lights at several locations in the downtown area. I am attaching hereto a copy of the traffic count at various lo- cations which will give you an in- dication as to the number of ve- hides and pedestrians crossing the intersections, The following is the report and recommendations of the Police Department, and I concur in their recommendations; 1. As the blocks in the business district generally are 256 feet be- tween property lines and the down- ; town side streets, including side- : walks, are 64 feet, the total length is too short a distance for actuatr ed lights even though synchronized. A vehicle travelling at a speed of { 20 m.p.h, travels approximately 29 # feet a second; it would, there- fore, take a vehicle travelling at the legal limit of 20 m.p.h. less than 10 seconds to travel from the one property line to the similar property line in the next block. It must be remembered that the fore- going considers only a vehicle that E is already in motion. It has been { found by previous studies that it takes from 5 to 6 seconds for a vehicle which is stopped to get started again and travel a dis- tance of 40 feet. This would fur- ther tend to slow dawn traffic as cars two, three or more behind the first vehicle at a traffic light are even slower in getting started, Traffic lights were located at 7th, 8th, and 9th Streets on Main prior to 1951. Because of the delays to E local traffic, causing long back-ups several times a day for two or three blocks, the light at 7th and Main was moved to 6th and Main and the light at 9th and Main was moved. If no car must wait longer than two light changes it is con- sidered to be fairly free -flowing traffic, especially during the rush hours. In the survey, no delay of this kind was noted. No lights had ever been installed at 7th and 9th on Locust, 7th and i Central or 7th and White Streets. As indicated in the above, lights 1 at all of these locations, except 7th and White, would be within ~ one block of an existing light. It is true that vehicular traffic is from mcderate to heavy at all above locations. Pedestrian traf- fic is moderate. Because of the in- terval given at adjacent intersec- tions by traffic lights, no par- ticular hazard or difficulty would be eliminated by the installation of traffic lights and it would seem foolish to install lights that would slow dawn traffic considerably and still add no protection, A study of the pedestrian accidents at all six of these intersectons shows none of the intersections to be accident prone; in fact, considering the downtown business district as a whole, more pedestrian accidents occur at intersections governed by traffic lights than at other inter- sections. Therefore, it is recommended that no changes be made in the traffic lights and that no new traf- fic lights be added at this time. 2. The pedestrian problem at 7th and White and 7th and Central is a very short -time problem, 5 minutes at most. Even at these periods no particular delays or hazards were observed. It is recommended that nothing be done at these intersections at this time. 3. The pedestrian problem at 7th and Main, 7th and Locust and pos- sibly at 9th and Loxust are pe- culiar. Traffic lights would be of no particular help, Turning cars create the problem at these inter- sections. As it is not believed to be feasible at this time to elim- inate turns even at the rush hour, it is believed that the best sa- lutien would be the manual con- trol of traffic by police officers. Officers, if available, could be as- signed at the times of greatest need as the problems at these in- tersections are not continuing, but only occur in the evenings, 4 to 5:30 and other short periods. As these are also the rush hours for police on duty, it is impossible to regularly assign any of the pres- ently available force to work these locations. Thee officers are now assigned to the rush period and a car is also assigned, whenever pos• Bible, to keep traffic moving be- tween Central and Locust on 8th. 168 Regular Session, March 2nd, 1953 Therefore, it is recommended that a police officer be assigned to manually control traffic at 7th and Locust Street where the greatest problem occurs, 4, While most vehicles travelled at the speed limit or less, it was observed that many vehicles were travelling at speeds thought to be far faster than was safe or pru- dent. This is particularly true con- sidering the habit of Dubuque pe- destrians of crossmg in mid-block, coming from between parked cars, at certain locations. Therefore, it is recommended that additional 20 mph. speed lim- it signs be posted on all one-way streets. It is also recommended that all police cars available con- stantly patrol the business district during the rush hour, travelling at no more than the legal limit and alert for violators of the speed laws, We have already assigned an of- ficer to control traffic at the Sev- enth and Locust Street intersec- tion during the period of heavy traffic, Additional speed limit signs will be installed on one-way streets, Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendations of City Man- ager Schiltz be adopted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. February 14, 1953. To the Honorable Mayor and City Council, Dubuque,. Icwa. Gentlemen; The contract of the Missouri Dredging Company for the levee between Fengler Street and East Twelfth Street has been completed according to plans and specifica- tions and has been approved by the City Engines. The contractor has accepted the total contract amount of $149,872.89 as full settlement of all claims for this improvement. I recommend that the work be accepted by the city council. Respectfully submitted, L. J. Schiltz, City Manager, Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller. Nays-None, Absent-Councilman Welu. (A Resolution Accepting Im- provement.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 98-53 Whereas, the contract for t h e levee for flood protection and boat- ing channel between Fengler Street and East 12th Street east of the C.M.St. P. & P.R.R. right of way has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Coun• cfl of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Be It Further Resolved, that the City Treasurer be and he is here- by directed to pay to the contractor the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of March, 1953. Approved: RUBEN V. AUSTIN Mayor, RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J, SHEA City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. ( } Regular Session, March 2nd, 1953 169 February 27, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Lester M. Lynch requesting the improvement of an alley bordering Lot 16 in Julia Langworthy Addition on Solon Street was referred to the C i t y Council to view the grounds. The decision of the City Council after viewing the grounds was that the opening of the alley by the city would benefit only the peti- tioner and would cause somewhat of a drainage problem. In view of these facts the petitioner may at his own expense grade and surface the portion of the alley he needs for a driveway if he assumes the liability for drainage and further upkeep. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SchIltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Councilman Welu. February 27, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; At the November 2, 1952 meet- ing of the city council, approval was given for the installation of twenty-eight street lights in t h e newly annexed area. The Interstate Power Co, have been working on the construction of additional lighting circuits to take care of this load and lights should be installed in the very near future. After checking the pre- viously approved locations with the power company engineers, we find it would be in the best inter- ests of the city to include several additional lights and change same approved locations. I, therefore, recommend t h a t street lights be installed at the following locations. McPoland Avenue and Pennsyl- vania Avenue Brown Street and Beverly Street -Pale 207-F3C•3. Lenox and Drexel - Pole 207- F3C-11. University Avenue on Pole No. 207-F3-8. Asbury Street on Pole No. 207- F7.36. Carter Road - 8th pole fro m Asbury Street. Move the following authorized lights: From 2624 University to P o 1 e 207-429A. From 3096 Asbury to Pole 207- F7-9. From 2545 Carter Road to 4th pole from Asbury Street. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Sehiltz be adopted. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Councilmen Welu. February 27, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Standard Brands, Inc, of Kansas City, Missouri have request- ed that a sewer be constructed from the plant they are construct- ing on Tower Street to a manhole on East 4th Street Extension im- mediately east of the railroad tracks. An agreement has been negotiat- ed that the Standard Brands, Inc. will construct the sewer according to the city specifications and be approved by the City Manager and City Engineer. Because of future expansion in this area the city has an interest in the sewer in that a larger sew- er than needed for the Standard Brands, Inc, has been required and additional manholes required. The city would pay the difference be- tween an 8" and 12" sewer. plus r,- ____ r __ ___ _ _ .; ,; , ~c ~: ;,u. - ;' _ 170 Regular Session, A the cost of manholes. Any future ~ connections would be required to pay the city at the rate of $3,00 - per foot of property to connect to this sewer. I recommend that the City Coun- cil authorize the City Manager to sign the contract far the City of Dubuque, that an ordinance be ap- proved authorizing the construction of the sewer by Standard Brands, Inc., also for the payment of the share to be paid by the city and establishing future connection char- ,., ges. _ Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu, larch 2nd, 1953 Ordinance No. 9.53. An Ordinance Aurthorizing Standard Brands In- corporated to construct a sanitary sewer in East Sixth Street, Fourth Street Extension and Tower Street in the City of Dubuque, setting out the terms and conditions of such authorization, authorizing execu- tion of a contract in connection therewith, and providing for reg- ulations for the use of said sewer and future connections therewith, presented and read. Councilman Kolb moved that the reading just had to be considered the first read- ing of the ordinance. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Kolb moved that the ordinance just read being an or- dinance granting the right to use or occupy a street be now con- sidered complete in form for final passage andfurther movedthatthe same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, I{olb, Schueller. Nays-None, Absent-Councilman Welu. RESOLUTION N0.99.53 WHERAS, applicatons for 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 "B" PERMIT Mrs, Annice Jaeger, 1598 Elm Street. Jerome J. Love, 37 Eighth Ave- nue. Herbert E. Althaus, 1575 Central Avenue. Raymond McLaughlin, 2222 Cen- tral Avenue. Mathias A. Schneller, 132 Eighth Avenue, Arano H. Lolwing, 2616 Windsor Avenue. Nick J. Legler, 553 Eighth Ave- nue. Harold L. Miller, 402 Main Street. Robert J. Quinlan, 1091 White Street. CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street. CLASS "C" PERMIT Floyd Barnhart, 1598 Jackson Street. Clarence J. Kipper, 1585 Delhi Street. Ernest W. Pfalzgraf and A. L. Fecker, 1300 Central Avenue. Daniel C. Maloney, 892 Cleveland Ave. Regular Session, March 2nd, 1953 171 Passed, adopted and approved this 2nd day of March, 1953. RUBEN V, AUSTIN Mayor. RAY F. KOLB LEO RT. SCHUELLER CHARLES A. KIIVTZEVGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman I{olb moved the ad- option of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. 4 Absent-Councilman Welu. RESOLUTION N0. 100-53 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants h a v e been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds; Now, Therefore, Be It Resolved by the Council of ~ the City of Dubuque that the Man- - ager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Mrs, Annice Jaeger, 1598 Elm Street. Jerome J. Love, 37 Eighth ve. Herbert E. Althaus, 1575 Central i Avenue. Raymond McLaughlin, 2222 Cen- tral venue. Mathias A, Schneller, 132 Eighth Avenue. Arano H, Lolwing, 2616 Windsor Avenue. Nick J. Legler, 553 Eighth Ave. Harold L. Miller, 402 Main Street. f Robert J, Quinlan, 1091 W h i t e Street, f CLASS "B" PERMIT FOR PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street. CLASS "C" PERMIT Floyd Barnhart, 1598 Jackson St. Clarence J. Kipper, 1585 Delhi St. Ereest W. Pfalzgraf and A, L. Fecker, 1300 Central venue. Daniel C. Maloney, 892 Cleveland venue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 2nd day of March, 1953. RUBEN V. AUSTIN Mayor, RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen. Attest; J. J. SHEA City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Councilman Welu. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller. Nays-None, Absent-Councilman Welu, J, J. SHEA City Clerk, Approved ......•..... 1953 Adopted ............ 1953 Councilmen; i .................................. Attest : .................................... City Clerk 172 Special Session, March 19th, 1953 ~ iJ ~ ~~~ ~ ~~~~ ~~~ ~ ~~~~ Special Session, March 19th, 1953. Council met at 7;30 P,M. Present-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz Meet- , ing called by order of Mayor Austin. Mayor Austin 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 public hearings on vari- ous street improvements and act- ing on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost o fimprovement of the follow- ing portions of the following streets by surfacing the same with bituminous concrete, to-wit; 1. Coates Street from the west city corporation limits to west property line of Fremont Avenue. 2. Lombard Street from the east property line of Gandolfo Street to the north property line of Dodge Street. 3. Dillon Street from the east property line of South Grandview Avenue to .end of Dillon Street, 4 Alta Place from the south property line of Fillmore Street to the north property line of Dela- ware Street, 5. Fillmore Street from the east property line of Alta Place to the west property line of Auburn Street. 6. Delaware Street From the east property line of North Algona Street to the west property line of Atlantic Street. 7. Belmont Street from the west property line of Rase Street to the south property line of Loras Boulevard. 8, Cardiff Street from the north property line of Muzzuchelli Roarl to the south property line of West Third Street, 9. Harold Street from the west property line of Seminary Street to the south property line of Lowell Street, 10. Schroeder Street from the north property line of Seminary Street to the south property line of Lowell Street. 11, Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road, 12. Avalon Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 13: Broadlawn Road from the north property line of Hillcrest Road to the south property lino cf Asbury Road. 14. Morningview Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 15. Chaney Road from the west property line of Hillcrest Road to the south property line of Asbury Road. Ili. Ogilby Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 17. Mullin Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 18, Hillcrest Road from the west property line of Asbury Road to the west property line of Avalon Road. 19. Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. 20. Reis Street from the east property line of Windsor Avenue to the west property line of Staf• ford Avenue. 21, Shiras Avenue from the wes~ property line of Rhomberg Avenue to a point 120 feet north of the north property line of Courtland Street. 22, Burden Avenue from -the north property line of Edith Street to the south property line of Davis Avenue, 23. Decorah Street from the west property line of Auburn Street to the east property line of Irving Street. 24. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street, Special Session, March 19th, 1953 1'73 Estimated assessed cost, $171,- 538,18, presented and read, Councilman Kolb moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended far the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 8, 1953 Honorable Mayor City Council The undersigned property own- ers on Alta Street and Decorah Street wish to make it known to the Council as being against the proposed paving of the two above mentioned streets. We hereby peti- tion the Council to exclude these two streets from their present pav- ing list, The little traffic these two streets bear does not warrant a costly paving job at this time. With the exception of one block Decorah Street is in reasonably good con- dition. This one block is surfaced with crushed stone, and could be kept in good condition for about $25.00 per year for ail. With the exception of this one block the two streets already have a hard surface of bituminous and certainly in well enough condition for the little traffic using them. Signed: Gene J. Schilling and others, To the City Council of Dubuque, Iowa. Sirs; We respectfully petition the City Council of Dubuque, Iowa to re- ceive our objection to the proposed curb and gutter and street pro- ject on Coates Street from Crass Street west to the city limit, In the event the City Council should not approve and act favorably up- on this objection covering the en- tire area mentioned above, we do strongly and seriously object that this project shall extend beyond a line approximately 341 feet east of the city limits. Our reason for this serious objection lies in the fact that the road from that point is not now used as a public thor- oughfare. Sgined George Jecklin Addie Jecklin Mr. George Jecklin addressed the Council in support of his objections to the proposed improvement .of Coates Street, Dubuque, Iowa. March 11, 1953. To the City Council of the City. of Dubuque, Iowa. Gentlemen: We, the undersigned, owners of assessable property on Harold Street, petition you to set aside the plan to repave Harold Street. It is in good repair, and is used principally by the residents on the immediate vicinity. We do not at this time believe that it needs any improvement. Signed; Harold A. Casey and others. Mr. Frank A. Fuhrman address- ed the Council in support of the petition objecting to the improve- ment of Harold Street. March 16, 1953, To the City Council, City of Dubuque, Iowa. Honorable Members. A meeting of six of the property owners of Harold Street was held in my home at 1:30 p.m. March 15th and at this meeting it was thoroughly agreed that Harold Street is badly in need of improve- ment. However 50 per cent claimed that they could not afford this improvement, which I am quite sure is not the case. Due to the fact that the improvement of this street is definitely necessary may I request that you disregard the petition circulated against this im- provement and proceed with said improvement. Respectfully Harry E. Lewis. March 15th, 1953 To the City Council City of Dubuque, Iowa Honorable Members: I request that you disregard the petition that was circulated against 174 Special Session, March 19th, 1953 the improvement of Harold Street for the reason that this improve- ment is definitely a necessity. Some of the curbing on Harold Street is such a dangerous angle making parking impossible and driving hazardous. Respectfully, John A. Harrington, Lot 22 Theresia Harrington, Lot 21 To the Honorable Mayor, City Council and City Manager Dubuque, Iowa Dear Sirs: The undersigned property own- ers who will be subject to the assessment for the proposed im- provement of Schroeder Street hereby protest against such im- provement on the grounds that the street is in sufficiently good con- dition that it does not warrant the expenditure of the amount that will be assessed to their respective properties. Signed; Gustav Struhs and others. To the Honorable Mayor and Council of the City of Dubuque, Iowa. Gentlemen: The undersigned, being owners of property subject to assessment for certain public improvements con- templated to be made on Shiras Street in the City of Dubuque, Iowa, consisting of curb and gutter from the north property line of Lot Ten (10) in Parkview Addition norther- ly to Lot Two Hundred Seven (207) in Julien Addition, and of bitumi- nous concrete pavement from the west property line of Rhomberg Avenue to Courtland Street, do hereby object to the construction of such improvements and to the pay- ment of the costs and expenses thereof and to the final adoption of the Resolution of Necessity there- for, upon the following grounds; (1) To a large extent the proper- ty which it is proposed to assess for the payment of the costs of such improvement cannot bear the ex- penses incident thereto, a great part thereof being presently en- ,;umbered by mortgages incurred in acquiring the property and in making valuable improvements thereon. (2) Practically all of such prop- erty is occupied by the owners thereof as their homesteads and they are employed as ordinary working people and are unable to assume the burden of additional ex- penditures which would create a great hardship upon them. (3) Shiras Street is not just an ordinary street subject to ordinary traffic conditions. It is used nearly twelve months of the year as an approach to Eagle Point Park. A casual check of the traffic to which the street is subjected discloses that in excess of ninety-five (95) per cent of the vehicles using the street use the same far access to and egress from said park and a large part of this percentage con- sists of vehicles coming from out of the state. Residents along the street who use the street are a small minority and accordingly, they will receive only a small por- tion of the benefits to be derived from such improvements. To assess their properties for such improve- ments would create an unjust and inequitable burden upon them. (4) Such improvements will not reflect any such benefits to the assessable property 'but such bene- fits, in large measure, will be sole- ly and entirely in the interest of the public, (5) The street is subjected to ab- normal traffic in relation to other streets of the city, not only for the reasons above stated, but also for t:re further reason that vehicle traf- fic on this street is continuous for Monger hours each day and night due to its location and use. (0) In view of the nature of the street, its uses and purposes, and the relatively small benefit to be derived from the contemplated im- provements by the properties sub- ject to assessment therefor, do not warrant a declaration that the im- provements are a necessity and to assess such property owners for the costs thereof would be an ar- bitrary, unwarranted and unjust action upon the part of the City Council, (7) Although said street is pre- sently in need of repair, it has be• come a speedway for many per- sons using the same, thereby creat- ing ahazard to abutting property and in the event said improvements be constructed, said conditions will Special Session, Marsh 19th, 1953 175 be increased and the improvements Gf the street, rather than becoming a benefit to the property owners, will become a hazardous thorough- fare. Wherefore, the undersigned pray that the Resolution of Neces- sity providing for such improve- ments be rescinded and that all further action with respect to the construction of the improvements at the cost and expense of the property owners be discontinued. Signed; F. R. Fasselius and others. Attorney Eugene J. Kean ad- dressed the Council in support of the petition of the property owners objecting to the proposed improve- ments of Shiras Street and request- ed that the proposed improeements on Shiras Street be deleted from the paving program. To the Mayor, Members of the City Council, and City Manager of the City of Dubuque Dear Sirs: This petition is presented in ob- jection to the proposed construction of curbing and gutters and laying of asphaltic surfacing on that sec- tion of Southern Avenue of Du- buque, Iowa, between South Grand- view Avenue and Sullivan Avenue. Respectfully submitted by the fol- lowing owners of property abutting the above mentioned section of Southern Avenue. Signed: Joseph Sullivan and others, Mr, Donald Reits addressed the Council in support of the petition of property owners and stated that the proposed widening of Southern Avenue will reduce the valuation of his property, Mr. Joseph Sullivan addressed the Council in support of the petition of property owners stating that he objected to said im- provement on account of the wid- ening of said street and also on account of the present financial sit- uation. Mr. Walter Bade addressed the Council objecting to the widen- ing of the street and the removal of the trees. March 18, 1953 To the City Council, Dubuque, Iowa The undersigned hereby wishes to state in writing, that he is hereby withdrawing his name from any opposition to the improvement of Southern Ave. having formerly only objected to center line being changed. Signed: Leonard T, Smith, February 5, 1953 To the City Council of Dubuque, Iowa The undersigned, all of wham are property owners on Southern Ave- nue, between Grandview Avenue and Sullivan Street, hereby wish to go on record as favoring the fol- lowing proposed street improve- ments for the above described street. (1) That Southern Avenue as described above shall be resurfaced with bituminous concrete. (2) That curb and gutter, of the type described by City Engineer's layout be constructed. (3) That surface water be dis- pelled from the street by a series of catch basins. Signed; John W, Law and others. Mr. John W. Law addressed the Council in support of the petition requesting the improvement of Southern Avenue between Grand- vrew Avenue and Sullivan Street with curb and gutter and 'bitumi- nous concrete surfacing. Councilman Kolb moved that the Resolution of Necessity for bitumi- nous concrete surfacing be amend- ed by Changing Section 1 of the L'sted improvements to read "Coates Street from the west prop- erty line of Fremont Avenue to the east property line of the east 50 feat of Lot 2 of Lot 2 of Lat 1 of R. W, Baker's Subdivision." Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger°, Kolb, Schueller, Welu, Nays-None, (Decision of Council upon objec- tions to plans, specifications, form ci contract and cost of improve- ments.) RIaSOhUTIOiV N0. 101®53. Whereas, proposed plans and specifications and form of contract for the improvement of the fol- losving portions of the following 176 Special Session, March 19th, 1953 streets by surfacing the same, with hrtuminous concrete, to-wit; 1. Coates Street from the west to the east property line of east 50 feet of Lot 2 of Lot 2 of Lot 1 of It. W. Baker's Subdivision property line of. Fremont Avenue, 2. Lombard Street from the east property line of Gandolfo Street to the north property line of Dodge Street. 3. Dillon Street from the east property line of South Grandview Avenue to end of Dillon Street. 4 -Alta Place from the south property line of Fillmore Street to the north property line of Dela- ware Street. 5. Fillmore Street from the east property line of Alta Place to the west property line of Auburn Street. 6, Delaware Street from the east property line of North Algona Street to the west property line of Atlantio Street. 7. Belmont Street from the west property line of .Rose Street to the south. property line of Loras Boulevard. 8. Cardiff Street from the north property line of Muzzuchelli Road to the south property line of West Third Street. 9. Harold Street from the west property line of Seminary Street to the south property line of Lowell Street. 10, Schroeder Street from the north property line of Seminary Street to the south property line of Lowell Street. 11. Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road. 12. Avalon Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 13. Broadlawn Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 14. Morningview Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 15. Chaney Road from the west property line of Hillcrest Road to the south property line of Asbury Road. 16. Ogilby Road from the north property line of Hillcrest Road to the south property line of Asbury Road, 17, Mullin Road from the north property line of Hillcrest Road to the south property line of Ashury Road. 18. Hillcrest Road from the west property line of Asbury Road to the west property. line of Avalon Road. 19. Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road, 20. Reis Street from the east property line of Windsor Avenue to the west pr'oper'ty line of Staf- ford Avenue. 21. Shiras Avenue from the west property line of Rhomberg Avenue to a point 120 feet north of the north property line of Courtland Street. 22, Burden Avenue from the north property line of Edith Street to the south property line of Davis Avenue. 23, Decorah Street from the west property line of Auburn Street to the east property line of Irving Street. 24. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place i~xed for the hearing of all objec- tions to said plans, specifications cr contract for or cost of such im- provements, said time being this 19th day of March, 1953; and Whereas, the City Council met in special session this 19th day of March, 1953 at 7:30 o'clock P.M. at the Council Chambers in t h e Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans,. specifications or contract. for or Special Session, March 19th, 1953 177 cost of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been d u 1 y weighed and considered, now there- fore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled a n d 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 form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement, Passed, adopted and approved this 19th day of March, 1953. RUBEN V. AUSTIN Mayor. CLARENCE P, WELD RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J, SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yes-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 92-53. Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, on its own motion: Section 1. That it is deemed ad- visable and necessary far the pub-i lic welfare to make and provide street improvements under the pro- visions of Chapter 391 of the 1950 Code of Iowa, by surfacing the fol- lowing portions of the following named streets with bituminous con- crete, to•wit: 1, Coates Street from the west property line of Fremont Avenue to the east property line of east 50 feet of Lot 2 of Lot 2 of Lot 1 of R. W, Baker's Subdivision. 2, Lombard Street from the east property line of Gandolfo Street to the north property line of Dodge Street. 3. Dillon Street from the east property line of South Grandview Avenue to end of Dillon Street. 4 Alta Place from the south property line of Fillmore Street to the north property line of Dela• ware Street, 5. Fillmore Street from the east property line of Alta Place to the west property line of Auburn Street. 6. Delaware Street from the east property line of North Algona Street to the west property line of Atlantic Street. 7. Belmont Street from the west property line of Rose Street to the south property line of Loras Boulevard. 8, Cardiff Street from the north property line of Muzzuchelli Road to the south property line of West Third Street, 9. Harold Street from the west property line of Seminary Street to the south property line of Lowell Street. 10. Schroeder Street from the north property line of Seminary Street to the south property -line of Lowell Street. 11. Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road. 12. Avalon Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 13. Broadlawn Road from the north property line of Hillcrest Road to the south property line of Asbury Road, 14. Morningview Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 15. Chaney Road from the west property line of Hillcrest Road to the south property line of Asbury Road. 178 Special Session, March 19th, 1953 16. Ogilby Road from the norti~ property line of Hillcrest Road to the south property line of Asbury Road. 17. Mullin Road from the ncrth property line of Hillcrest Read to the south property line of Asbury Road. 18. Hillcrest Road fiom the west property line of Asbury Road to the west property line of Avalon Road. 19. Valleyview Road from the east property line of Avalon Road to the west property Line of Chaney Road. 20. Reis Street from the east property line of Windsor Avenaa to the west property line of Staf ford Avenue. 21. Shims Avenue from the west property line of Rhomberg Avenue to a point 120 feet north of the north property line of Couetland Street. 22. Burden Avenue from the north property line of Edith Street to the south property line of Davis Avenue. 23. Decorah Street from the west property line of Auburn Street to the east property line of Irving Street. 24. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. Section 2, Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared therefor by the City Engineer and which to- gether with the Plat and Schedule for such improvements, have been approved by the City Council and are now on file in the office of the City Clerk. Section 3. That the cost and ex- pense of making said improve- ments will be assessed upon and against all privately owned proper- ty lying within the 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 on any said portions of said street or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. The rail- way portion o£ any such streets will be assessed against the rail- way company. Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as provided by Section 396.6 of the Code of Iowa, 1950, for the pur- pose of providing far the payment of the assessed cost of said im- provements; said bonds to be is- sued in anticipation of the defer- red payment of the assessments levied therefor, and that said bona will be sold at public sale in the manner provided by law, but shall not be sold for less than their par value with accrued interest from date of bands to the time of de- livery thereof. Section 5. That unless property owners at the time of final con- sideration of this resolution have on file with the City Clerk objec- tions to the amount of the pro- posed assessment, they shall be deemed to have waived all objec- tions thereto. Section 6. For the purpose of brevity and reference all the fore- goingimprovements shall be known as "City of Dubuque 1953 bitum- inous concrete surfacing project." Introduced, approved and order- ed placed on file with the City Clerk this 2nd day of March, 1953. The foregoing resolution was fin- ally passed and adapted, as amen- ded, by the City Council this 19th day of March, 1953. RUBEN V. 'AUSTIN Mayor CLARENCE P. WELU LEO N.SCHUELLER RAY F. KOLB CHARLES A. KINTZHQGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Special Session, March 19th, 1953 179 (Ordering Cons4rucPion) RES06lJTlON RJO. 102-53. Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 92-53 which was d u 1 y passed by this Council, far the im• provement of the following portions of the following streets by surfac- ing the same with bituminous con- crete, to-wit: i. Coates Street from the west property line of Fremont Avenue to the east property line of east 50 feet of Lot 2 of Lot 2 of Lot 1 of R. W. Baker's Subdivision. 2. Lombard Street from the east property line of Gandolfo Street to the north property line of Dodge Street. 3. D711on Street from the east property line of South Grandview Avenue to end of Dillon Street. 4. Alta Place from the south property line of Fillmore Street to the north property line of Dela- ware Street. 5. Fillmore Street from the east property line of Alta Place to the west property line of Auburn Street. 6. Delaware Street from the east property line of North Algona Street to the west property line of Atlantic Street. 7. Belmont Street from the west property line of Rose Street to the south property line of Loras Boule- vard. 8. Cardiff Street from the north property line of Mazzuchelli Road to the south property line of West Third Street. 9. Harold Street from the west property line of Seminary Street to the south property line of Lowell Street. 10. Schroeder Street from the nm•th property line of Seminary Street to the South property line of Lowell Street. 11. Asbury Road from the west property line of Bunker Hill Road to the east property line of Avalon Road. 12, Avalon Road from the north property line of Hillcrest Road to the south property line of As- bury Road, 13. Broadlawn Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 14. Morningview Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 15. Chaney Road from the west property line of Hillcrest Read to the south property line of Asbury Road. 16. Ogliby Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 17. Mullin Road fi•om the north property line of Hillcrest Road to the south property line of Asbury Road. 18. Hillcrest Road from the west property line of Asbury Road to the west property line of Avalon Road. 19. Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. 20. Reis Street from the east property line of Windsor Avenue to the west property line of Staf- ford Avenue. 21. Shims Avenue from the west property line of Rhomberg Ave- nue to a point 120 feet north of the north property line of Court- land Street. 22, Burden Avenue from the north property line of Edith Street to the south property line of Davis Avenue, 23. Decorah Street from the west property line of Auburn Street to the east property line of Irving Street, 24, Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. be and the same are hereby or- dered and constructed by this Council upon its own motion with- out the petitien of property owners. All 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 im- provements be paid far by levying special assessments against the 180 Special Session, March 19th, 1953 privately awned property lying within the assessable distance from the improvements, whether s u c h 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 street fund of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds to be issued in antici- pation of deferred payments of assessments as provided by law af• ter the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before the 10th day of August, 1953. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Approved and ordered placed on file for public inspection this 19th day of March, 1953, Councilman Kolb moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, spe- cifications, form of contract a n d cost of improvement for the im- provement of the following por- tions of the following streets by installing concrete curb and gut- ter thereon, to-wit; 1. Coates Street from the west city corporation limits to the east property line of Lot 2 of 1 of 1 of 1 of R, W. Baker's Sub. 2, Hillcrest Road on south side only from the west property line of Asbury Road to the west prop- erty line of Avalon Road extended. 3, Shiras Avenue from the north property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. 4, Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. Estimated assessed cost, $25,- 942,53 presented and read. Councilman Welu moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the resolution of necessity for curb and gutter be amended by changing Section 1 of the listed improve- ments to read "Coates Street from the east property line of Lot 2 of Lat 1 of Lot 1 of Lot 1 of R. W, Baker's Subdivision west a distance of 313 feet. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (Decision of Council upon abjee• Lions to plans, specifications, form of contract and cost of improve ments, ) RESOLUTION N0. 103-53, Whereas, proposed plans and specifications and form of contract for the improvement of the follow- ing portions of the following streets by installing concrete curb a n d gutter thereon, to-wit: 1. Coates Street from the east property line of Lot 2 of i of 1 of 1 of R. W. Baker's Sub, west a distance of 318 feet. 2, Hillcrest Road on south side only from the west property line Special Session, March 19th, 1953- 181 of Asbury Road to the west prop- erty line of Avalon Road extended. i 3, Shiras Avenue from the north i property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. } 4. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract far or cost of such im- '' provements, said time being this 19th day of March, 1953; and Whereas, the City Council met in special session this 19th day of March, 1953, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing 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 be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been d u 1 y weighed and considered; now there- = fore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have bee n made and filed to the plans, spe- cifications, 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 ap- proved 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 form of contract for or cost of said improvement be h made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 19th day of March, 1953, RUBEN V. AUSTIN Mayor, CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A, KINTAINGER, Councilmen, Attest; J. J. SHEA City Clerk, Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Resolution No. 95 • 53. Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, an its own motion: Section 1. That it is deemed ad- visable and necessary for the pub- lic welfare to malte and provide street improvements under the pro• vision of Chapter 391 of the 1950 Code of Iowa, by installing con- crete curb and gutter on the fol- lowing portions of the following named streets with concrete par- land cement, to-wit: 1. Coates Street from the east property line of Lot 2 of Lot i of Lot 1 of Lot 1 of R. W, Baker's Subdivision west a distance of 318 feet, 2. Hillcrest Road on the south side only from the west property line of Asbury Road to the west property line of Avalon Road ex- tended, 3, Shiras Avenue from the north property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. 4, Southern Avenue from the east property line of South Grandview Avenue to 90 feet east of the east property line of Sullivan Street. Section 2, Said improvements shall be constructed under contract and in accordance with the plans and specifications which have been prepared therefor by the City En- gineer and which together with the Plat and Schedules for such im- provements have been approved by the City Council and are now on file in the office of the City Clerk. Section 3, That the cost and ex- pense of malting said improve- 152 Special Session, March 19th, 1953 meets will be assessed upon and against all privately owned proper- by lying within the 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 nn any of said portions of said street 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 street fund. The railway portion of any such streets •,ohall be assessed against the rail- way company. Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as pro- vided by Section 396.6 of the Code cf Iowa, 1950, for the purpose of providing for the payment of the assessed cost of said improve- ments; said bonds to be issued m anticipation of the deferred pay- ment of the assessments levied therefor, and that said bonds will be sold at public sale in the man- ner provided by law, but shall not be sold for less that their par val- ue with accrued interest from date of bonds to the time of delivery thereof. Section 5. That unless property owners at the time of final con- sideration of this resolution have on file with the City Clerk ob- jections to the amount of the pro• posed assessment they shall be deemed to have waived all objec- tions thereto. Section 6, For purpose of brev- ity and reference all the foregoing improvements shall be known as "City of Dubuque 1953 concrete curb and gutter project No. 1". Introduced, approved and order- ed placed on file with the City Clerk this 2nd day of March, 1953. The foregoing resolution was fin- ally passed and adopted, as amend- ed, by the City Cauucil this 19th day of March, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F, KOLB LEO N,SCHUELLER CHARLES A. KINTZINGER Councilmen. Councilman Kintzinger moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Cons4rucfion) RESOLUTIOiV PdO. 109-63. Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 95-53 which was duly passed by this Council, for the improve- ment of the following portions of the following streets by installing concrete curb and gutter thereon, to-wit: 1^ Coates Street from the east property line of Lot 2 of 1 of 1 of 1 of R. W. Baker's Subdivision west a distance of 318 feet. 2, Hillcr'est Road on soutlr side only from the west property line of Asbury Road to the. west prop- erty line of Avalon Road extended. 3. Shiras Avenue from the north property line of Lot 10 Parkview Addition to the north property line of Lot 207 Julien Addition. 4. Southern Avenue from the east property line of South Grand- view Avenue to 90 feet east of the east property line of Sullivan Street. be and the same are hereby or- dered and constructed by this Council upon its own motion and without the petition of property owners, All 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 im- provements be paid for by levying special assessments against t h e privately owned property 1 y i_n g within the assessable distance from the improvements, whether s u c h property abut upon the same or are adjacent thereto, according to fire area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. 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 Special Session, March 19th, 193 183 otter the work has been completed and accepted by the City Council, Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before the 50 calendar days after date of notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Approved and placed on file for public inspection this 19th day of March, 1953, Councilman Kolb moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of Claim of Raymond L. 1Veidenbacher (Mrs.) in the amount cf $500,00 for damages done to a well on his property during the re- - cent installation of a sewer line on Kaufman Avenue, presented and read. Councilman Schueller moved that the Notice of Claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mrs, Thos. Menadue in an unstated amount for injuries received in a fall on an icy and defective sidewalli near entrance of Dr, Pepper Bowling Lanes on Locust Street, presented and read. Councilman Kolb moved ~ that the Notice of Claim be re- ferred to the City Solicitor far in- vestigation and report, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. March 13, 1953. Members of City Council Dubuque, Iowa Gentlemen: How happy our family was when reading the paper the other night, we learned the City of Dubuque is planning a playground on the cor- ners of Gay and Muscatine Streets. As the article stated, the children from this district did not have the advantages of a playground other than Comiskey which was quite a distance for apse-school youngster. We knew the City owned this prop- erty and often wondered what was planned for this area, never sus- pecting the possibilities of a play- ground. May I take this opportunity to thank your worthy body, the city manager, our precinct councilman and any other person responsible for this wonderful project. I'm sure that I echo the thanks of all the parents in this neighborhood. We were also greatly pleased to know that supervision will also be of- fered thereby enabling the mothers to entrust the smaller' children to the care of the supervisor. Sincere thanks and best wishes for your continued improvement of the city, Respectfully, Mrs. R. L. Rafoth 2761 Broadway. Councilman Schueller moved that the communication be re- ceived and made a matter of record. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Howard R. Klauer requesting that Dexter Street be- tween Audubon Street and Adair Street be brought to grade level, presented and read. Councilman Kolb moved that the petition be referred to the Council -~-~ 184 Special Session, March 19th, 1953 to view the grounds. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Mr, and Mrs, Melvin Harms requesting the extention of a street light on Millville Road, presented and read, Councilman Schueller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port, Seconded by Councilman Kolb. Carried by the following vote: Yeas=-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Fetition of R. F. Russell re- questing that the zoning commis- sion be instructed to check and take steps to eliminate the viola- tion of the zoning ordinance created by the operation 'of repair and service of radio and television sets at the home of Mr. Poire ad- jacent to 2655 Asbury Road, pre- sented and read. Coumcilman Kintzinger moved that the petition be referred to the City Solicitor and Building Com- missioner for investigation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Alexander F. Smith, Roselina C. Smith and Christina Zauche requesting the construc- tion of a cement curb and gutter on both sides of Romano Street commencing at a point where the existing cm•b and gutter termi- nate, which is approximately at the point where the lot line between Lots 23 and 24 of Columbia Addi- tion touches Ramona Street, and thence running northerly approx- imately 340 feet to the intersec- tion of said Ramona Street with Mt. Loretto Avenue, presented and read. Councilman Welu moved that the request be added to the present curb and gutter program, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Braconier Plumbing and Heating Co, requesting per- mission to do excavating in the streets and alleys in the City of Dubuque, presented and read. Councilman Kintzinger moved that the request be granted, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of the Fraternal Order of Eagles requesting the City Council to grant a carnival license free of charge far the period of July 7 to 12th inclusive and allow the use of the city property ad- jacent to the ball park for this carnival, presented and read. Councilman Schueller moved that the petition be referred to the City Council for consideration and the City Manager instructed to submit his recommendation to the City Council covering said request. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of the Pure Oil Company requesting the City Council to re- zone the property on the southeast coiner of East Thirtieth and Cen- tral Avenue for the purpose of erecting a modern Super Service Station, presented and read. Coun- cilman Welu moved that the peti• tion be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Ktilb, Car- ried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Mr, and Mrs, Eldon Herzig and others, property owners abutting upon and adjacent to English Lane, requesting the con- struction of a sanitary sewer on private property lying on the Special Session, March 19th, 1953 185 easterly side of English Lane from Lot 2 of 1 of 1 of 4 of Min. Lat 42 thence southerly to Levi Street; thence easterly in and along Levi Street to existing sewer in Sullivan Street, also to include 1.1-2 through 1-8 of English Lane Subdivision, presented and read. Councilman Welu moved that a plat and schedule be prepared covering the request. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- - men Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Ed. Schmitz and others requesting the construction ' of curb and gutter on Mount Crest Street in PIeasant View Addition, presented and read, Councilman Welu moved that a plat and schedule be prepared covering the request. Seconded by f Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. Petition of Charles H, Rhomberg requesting the City Council to take the necessary action to enter into an agreement for a mutual cancellation and relief of obliga- tions of the present city garbage collection contract to become ef- fective no later than June 1, 1953, and also far the release of the performance band furnished and the discharge of the surety on said bond from any further lia- bility or obligation on the band after June 1, 1953, presented and read. Councilman Kolb moved that the petition be referred to the City Council, City Manager and City Solicitor for study and con- y sideration. Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Austin, Council- - men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of O'Connor, Thomas, McDermott and Wright, by E. y Marshall Thomas, for Dr. Raymond L. Deming, requesting that the area commencing at the alley be- tween Main and Locust Streets where the same intersects with Loras Boulevard, thence west to Bluff Street, thence northerly to within 100 feet of 15th Street, thence easterly along a line 100 feet south of 15th Street to the alley between Main and Locust Streets, and thence southerly along said alley to the point 'of beginning be zoned as a business district, presented and read. Councilman Kintzinger moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re• port, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Mrs. Emma Youttg and others objecting to the pro- posed improvement of Primrose Street east of Muscatine Street to Davenport Street, presented and read. City Manager Schiltz submitted verbal recommendation that the proposed improvement of Primrose Street between Muscatine Street and Davenport Street be deleted from the street improvement pro- gram. Councilman Kolb moved that the verbal recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller, Carried by the following vote Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of W, R. Frankfurt re- ' questing that curb and gutter be constructed on his property which is located in Woodlawn Park Ad- dition known as Lots 250, 251 and 252, presented and read, Councilman Welu moved that the request be included in the curb and gutter program. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Blasting Band of George Saffron in the amount of $5,000.00 pre- sentedfor approval. a f 3 3 i r ~- '.i 186 Special Session, March 19th, 1953 Councilman Kolb moved lhat the bond be approved and placed on file, Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuelier, Welu, Nays-None, ORDINANC€ N0. 9-53 An Ordinance Authorizing Stan• lard Brands Incorporated to con- struct asanitary sewer in East Sixth Street, Fourth Street Exten- sion and Tower Street in the City of Dubuque, setting out the terms and conditions of such authoriza- tion, authorizing execution of a contract in connection therewith, and providing for regulations for the use of said sewer and future connections therewith, said or- dinance having been passed upon first reading and ordered placed an file with the City Clerk fur public inspection for at least one week before final adoption, was presented for final adoption. ORDINANCE ND. 4.53 An Ordinance Authorizing Standard Brands, Incorporated, to Construct a Sanitary Sewer in East Sixth Street, Fourth Street Extension and Tower Street in the City of llubuyue, setting ou* the terms and ronditions of such authorization, authorizing execution of a contract ut connection therewith, and pro- viding for regulatiorw for the use of said sewer and future connec- tions therewith. Whereas the City Manager has submitted for Council approval a proposed contract with Standard Brands, Incorporated, providing the terms and conditions of the construc- tion of a proposed sanitary sewer in Fast Stxth Street, Fourth Street Ex- tension and Tower Street in the City of Dubuque and has recommended its approval; and tiVhereas the City Council finds that the construction of said sewer wlll serve the public interest and that it is in the best public interest that the City of Dubuque pay for a portion of the cost of construction of said sewer as set out in said con- tract; Now Therefore, Be It Ordained By the City Council oP the City of Du- buque: Section 1. That Standard Brands, lncorporated, be and it is hereby authorized and empowered to con- struct a 12 inch sanitary sewer in East Sixth Street, Fourth Street Ex- tension and Tower Street in the City of Dubuque from the sanitary sewer manhole in Fourth Street Extension located immediately east of the rai]- road tracks to a point in Tower St. opposite permittee's plant site in ac- cordance with the terms and condi- tions of the contract submitted with the City Manager's Letter of Febru- ary 2'!, 1963, and that the City Man- ager be and he is hereby empowered to exemtte said contract on behalf of the City of Dubuque; Section 2. That upon the comple- tton oP said sewer and the deter- utinatlon oP the share of the cost thereof to be borne by the City of Dubuque, the City Manager shah certify said amount to the City Au- ditor who shall thereupon issue a warrant in payment thereof drawn upon the Sanitation Fttnd; Section 3. That after said sewer has been completed and paid for any parson or persons desiring to con- nect with said sewer shall first ap- ply to the City Manager so to do and such permission shall be granted upon condition that such property owner first pay to the City of Du- kuque the sum of $3.00 per Pront foot of all Property to be served by such connection; provided, however, that said connection charge shall not be in escess oP 25% of the then value of the property to be connected; Section 4. This Ordinance shall be in full force and effect from and after its Pina1 paseage, adoption and publication as provided by law, and the acceptance of the terms hereof by Standard Brands, Incorporated, Passed, adopted and approved this 75th day of March, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. I{OLB LEO AT. SCHUELLER CHARLES A. I{INTZINGER Councilmen Attest: J. 7. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 2•lth day of March, 1953, J J, SHEA, ?tMar,2d City Clerk Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb. i;ar- ried by the following vote: Yeas-Mayor Austin, Councit- men Kintzinger, Kolb, Schueller; Welu. Nays-None. Council proceedings for the month of July, 1952, presented for approval, Councilman Schueller moved that the Council Proceedings for the month of July, 1952 be ap- proved as printed. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. March 14, 1953 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The Playground and Recreation Commission at their regular meet- Special Session, March 19th, 1953 187 ing held Monday, March 9th, con- sidered the correspondence of 11Ir, J. Edward Whelan which harl been referred by your honorable body. After due consideration, it was the unanimous opinion that ex- penses incurred in preparing the Athletic Field far these ball games are such that it would be inad- visable to reduce the present fee of twenty-five dollars, Respectfully submitted, by order of Playground and Recreation Commission. By Nicholas J. Sutton. Councilman Kolb moved that the recommendation of the Play- ground and Recreation Cominis- sion be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Dubuque, Iowa i March 13, 19ii3 E To the Honorable Mayor and City Council, ¢ City of Dubuque, Iowa. € Gentlemen: Attached is a copy of our letter ~ to Mr. Ray M. Denman's in regard to extension of water main on Hempstead Street. Respectfully, City Water Department, J. J, Hail. Superintendent. Councilman Kolb moved that the communication of Water Sup• erintendent Hail be received and made a matter of record, Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Maym• Austin, Council- . men Kintzinger, Kolb, Schueller, Welu. Nays-None. March 11, 1953 Hon. Mayor and Members ~- of the City Council, City of Dubuque, Iowa. Gentlemen: ` The claim of Mrs. Robert C. Roethig for damages to his auto- ; mobile resulting from striking a tree in the parking strip along- side the street in front of 819 Rhomberg Avenue has been re- ferred to this office for investiga- tion and report. In my opinion the tree in a parking strip is a proper use of the street and not a nuisance and, consequently, cannot consti±ute a hazard and impose a liability upon the city, I therefore recommend that the claim be denied. Respectfully submitted, T. H. NELSON. Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. March 11, 1953 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: The request of the Third Presby- terian Church for cancellation or reduction of the special assessment against Lots 1 and 2 of Drebilbies Addition for the suI'facing of Stafford Street, has been referred to this office for recommendation and report. You are advised that the levy of this assessment has been made and the time for the appeal there- from has expired. The proceeds of this levy belong to the bond- holders and the City merely acts as a collection agent. Under Section 343.8 of the Code it is illegal for the City Council to give, loan or appropriate public monies to or in favor of any e.c• clesiastical institution. The only way in which this levy could be reduced or cancelled would be for the City to absorb the levy with public monies, which I believe would be a violation of the quoted section. Respectfully submitted, T. H: NELSON. Councilman Welu moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, 188 Special Session, March 19th, 1953 March 16, 1953 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The protest of the First Congre- gational Church against garnting Genevieve Sullivan a permit to move her Class "B" Beer Permit from its present location to 1005 Main Street has been referred to this office for investigation and repm~t. The protest seems to be based primarily on the proximity of the tavern to the objectors' place of worship, The application was approved February 2, 1953, subject to the inspection by the Building Com- missioner and Sanitary Inspector. You are advised that there is no Statute or Ordinance prohibiting the location of a tavern close to a place of worship, You are author- ized to revoke your approval or deny the application only if one of the following grounds is estab- lished: (a) The applicant is not of good moral character, (b) There has been a violation of the beer law or the beer or- dinance. (c) The business has been con- ducted in a disorderly manner. (d) The applicant has been con- victed of bootlegging. (e) The applicant has been con- victed of a felony. (f) The premises do not con• form to the Safety or Sanitary Standards of the Beer Ordinance. Respectfully submitted, T. H, NELSON. Councilman Kolb moved that the communication of City Solici- tor Nelson be received and made a matter of record, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. March 19, 1953 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: The claim of Mr, Harold Cosley for damages resulting from a stopped sewer main flooding his basement on December 8, 1952 and February 20, 1953 has been re- ferred to this office, On investigation I find that the claim for December 8, in the amount of $61.33 should be dis- allowed and that the claim for February in an amount of $121,91 should be allowed, I therefore recommend that the claim of Harold Cosley in the amount of $121.91 be allowed and that the Auditor be instructed to issue a warrant in said amount and to deliver the same to Mr. Cosley upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON. Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved and the City Auditor be instructed to draw a warrant in the amount of $121.91 in favor of Harold Cosley, 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 Schueller, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. March 16, 1953 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of John P, Neyens for claimed injuries received in a fall on a icy street on December 14, 1952, has been referred to this office for investigation and report. It appears from the face of the claim that the same has been barred by the passage of time and I consequently recommend that the claim be denied. Respectfully submitted, T. K, NELSON. Councilman Kolb moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Special Session, March 19th, 1953 189 March 17, 1953 To the Han. 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 February 1953, as well as list of claims and list of payrolls for which warrants were issued for the month of Feb• ruary 1953. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kintzonger moved that the reports be received and placed on file, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- . men Kintzinger, Kolb, Schueller, Welu. Nays-None. March 10, 1953 To the Han. Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have ap- proved the following policy and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor: EXCAVATION Brawnier Plumbing & Heating Co., 1091 University Avenue, Policy No, MC 24376, Indeminty Ins. Co. of North America. . Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the Policy be approved and placed on file subject to the approval of the City Solicitor. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council• men .Kintzinger, Kolb, Schueller, Welu. Nays-None. March 14, 1953 t 3 To the Hon. Mayor and City Council, Dubuque, Iowa, Gentlemen: In order that our traffic ordin- ance may be clarified regarding turns from one-way to two-way streets, and from two-way to one way streets, I recommend that Section 112 of Ordinance No, 33- 49 be rewritten so that the proper method of turning can be more clearly defined. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the fallowing vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None. March 14, 1953 To the Hon. Mayor and City Council, Dubuque, Iowa. Gentlemen: The Police Department is con- stantly confronted with the prob- lem of parking in alleys in viola- tion of Section 16.1 of Ordinance 33-49, The ordinance makes no pro- vision for parking of commercial vehicles used for business pur- poses by the merchants in the af- fected area. There is also no pro- vision for passenger vehicles while actually loading or unloading in alleys. I recommend that provision be made in the ordinance to cover both of these conditions. This re- commendation is concurred in by the Police Chief. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved, Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 5-53 An Ordinance amending or- dinance No, 33-49, known as the "Traffic Code" by repealing Sec• tion 16.1,11 and adding Section 16,30 and Schedule VII thereto; and by repealing Section 112 thereof and enacting a substitute therefor; and providing a penalty for a violation thereof, presented and read, 190 Special Session, March 19th, 1953 Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kintzin• ger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Cotm- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Coullcil- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ®RDINAPICE N0, 5.53 An Ordinance amending Ordinance No. 33.49, known as the "Traffic Cade," by repealing Section 16.1.11 and adding Section 16,30 and Sche• dole VII thereto; and by repealing Section 11,2 thereof and enacting a substitute therefor; and providing a penalty for a violation thereof, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That Ordinance No. 33-49, known as the "Traffic Cade," be amend- ed by repealing Section 16,1.11 thereof; Section 2. That Ordinance No. 33.49, known as the "Traffic Code," be amend, ed by adding a new section thereto, to be known as Section 16,30, as fol• lows: "Section 16.30• Except vehicles stop- ped or parked `vhite taking on or dis- charging persons, goods or merchandise, ar commercial vehicles licensed as such, no person shall stop or park a vehicle in the alleys or portions of alleys enumerated in Schedule VII hereof, unless necessary to avoid con- flict with other traffic or in compn• once with the directions of a police officer, or traffic control device:' Section 3. That Ordinance No, 33.49, known as the "Traffic Code" be amended by adding a new schedule thereto, to be known as "Schedule OH," as follows; "SCHEDULE VII "In accordance with Section 16.30 and, when signs are erected giving notice thereof, no person shall, except while taking on or discharging persons, goods or merchandise, park any vehicle, oth• er than a commercial vehicle licensed as such, on any of the following alleys, or portimis of alleys: "(a) From Jones Street to West 11th Street in the alley between Bluff and Locust Streets; "(b) From Jones Street to West 12th Street in the alley between Locust and Main Streets; "(c) From West Second Street to West Twelfth Street in the alley between Main and Iowa Streets; "(d) From West Fourth Street to the City Hall property and from West Thir- teenth Street to Loras Boulevard in the alley bettveen Central Avenue and Iowa Street; `(e) From East Fourth Street to East Fourteenth Street in the alley between Central Avenue and White Street" Section 4, That Ordinance No, 33-49, known as the "Traffic Code," be amend, ed by repealing Section 11.2 thereof and enacting the following as a substi- tute therefor: "Section 11.2. The driver of a vehicle intending to turn at an intersection shall do so as follows: 1. Both the approach for a right turn and a right turn shall be made as closely as practicable to the right hand curb or edge of the roadway and in such a manner as to leave the inter- section as nearly as practicable in the right hand lane lawfully available to traffic moving in the direction of traf• fic of such vehicle, "2. At any intersection where traffic is permitted to move in both directions on each intersecting street, an approach for a left turn shall be made in that portion of the right half of the road- way nearest the center line thereof and after entering the intersection the left turn shall be made so as to de• part from the intersection to the right of the centerline of the roadway being entered, "3, At any intersection where traffic is restricted to one direction on one or more of the intersecting streets, the driver of a vehicle intending to turn left at any such intersection shall ap- proach the intersection hr the extreme left-hand lane lawfully available to traf• fic moving in the direction of travel of such vehicle, and after entering the in- tersection the left turn shall be made so as to leave the intersection as nearly as practicable in the left-hand lane law, fully available to traffic moving in such direction upon the roadway being en- tered, "4, Where the special circumstances require, the City Manager may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a dif- ferent course from that specified in this section be traveled by vehicles turning at any intersection, and when markers, buttons or signs are so placed, no driver of a vehicle shall turn a ve• hicle at an intersection other than as directed and required by such mark, ers, buttons ar• signs:' Section 5. This Ordinance shall be m full force and effect from and after Its passage adoption and publication as provided by law. Passed, adopted and approved this 19th day of March, A, D. 1953. RUBEN V. AUSTIN, MAYOR CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A, KINTZINGER COUNCILMEN Attest: J. J. SHEA, CITY CLERK. Published officially in The Telegraph, Herald newspaper this 24th day of March, 1953, J. J, Shea, lt. Mar. 24 City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-NTayor Austin, Councll- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Special Session, March 19th, 1953 191 March 16, 1953 To the Hon, Mayor and City Council, Dubuque, Iowa. Gentlemen: Upon the verbal request of resi• dents in the vicinity of Jefferson Junior High School, I have investi- gated the need of a street light on Althauser Street. I recommend the installation of a stl•eet light on Althauser Street at the north side of the school and opposite 1110 Althauser Street, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kintzinger moved that the 1ecommendation of City Manager Schiltz be approved. Sec• onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council., men Kintzinger, Kolb, Schueller, Welu. Nays-None, March 16, 1953 To the Hon. Mayor and City Council, Dubuque, Iowa, Gentlemen; The petition of Wesley L. Prie- bel and others asking for the im- provement of Lindberg Terrace and that of Harold H. Hodges and others objecting to the proposed improvement were referred to the City Manager for investigation and report. Before the improvement of Lind• berg Terrace with cmb, gutter and surfacing is initiated, the present sewer constructed pri- vately should be accepted by the city and it should be extended to the end of the street. The private sewer was author- ized by the city council; however, no certification of the cost or ac- ceptance by the city has been given. There is also some property that does not have enough value for an assessment and on which waivel•s should be signed. I recommend that Lindberg Ter- race improvement be deleted from the street program until the con- ditions enumerated above are com- plied with. Respectfully sbmittued, L. J. SCHILTZ, City Manager, Councilman Schueller move d that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. March 17, 1953 To the Hon. Mayor and City Council, Dubuque, Iowa. Gentlemen: , , The petition of Mrs. Augusta Wimmer and others objecting to the proposed installation of curb and gutter on Meadow Lane and widening of the street fl•om 20 feet to 40 feet was referred to the City Council to view the gl•ounds, The decision of the City Council was that the widening of tha street is necessary for the proposed improvement. Until the additional width necessary for the street is dedicated for street purposes, the project will be deleted fl•om the program and no further improve- ments made on the street. I recommmend that the decision of the City Council be confirmed. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Conucil- men Kintzinger, Kolb, Schueller, 4Velu. Plays-None. RCS®ILUTION N0. 105-53 Whereas, by Resolution No. 24- 52 adopted March 3, 1952 the Mayor and City Clerk were author- ized and empowered to execute the quit claim deed conveying to Arthur Witherall certain real estate therein described, it being the intention and purpose to in- chlde in the description the prop- erty owned by the City of Dubuque, Iowa, and located at the southwest corner of South Grandview Ave. and Dodge Street, and Whereas, the property owned by the City and intended to be con- veyed to the said Arthur Wither all included Lot 43 in Sister's Ad- t 192 Special Session, March 19th, 1953 dition in the City of Dubuue, Towa, but was erroneously omit#ed from the description of real estate set out in the Resolution Na. 24- 52, and Whereas, in order to carry out the intent of the Resolution No. 24-52 the City of Dubuque, Iowa, by its Mayor and City Clerk ex- ecuted and delivered to the said Arthur Witherall a quit claim deed to Lot 43 Sister's Addition here- inafter referred to, dated June 11, 1952 and which was filed for record June 14, 1952 and recorded in 144 TL 88 in the office of the Recorder of Dubuque County, Iowa, and for title purposes the City Council is now requested to adopt a resolution authorizing the conveyance of Lot 43 in Sister's Addition. Now, Therefore, Resolved by the City Council of the City of Dubuque, Iowa that the quit claim deed from the City of Dubuque, Iowa, conveying all its right, title and interest in and to Lot 43 in Sister's Addition in the City o£ Dubuque, Iowa, to Arthur Wither- all dated June 11, 1952 and filed June 14, 1952 and recorded in 144 TL 88 in the office of the Recorder of Dubuque County, Iowa, is hereby authorized, ratified and approved. Passed, adopted and approved this 19th day of March, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk. CERTIFICATE I, J. J. Shea, Clerk of the City of Dubuque, Iowa, hereby certify that the above and foregoing is a true and correct copy of Resolution No. 105-53 passed, approved and adopted by the City Council of the City of Dubuque, Iowa at a session of said City Council on March 19th, 1953. J, J, SHEA, Clerk of the City of Du- buque, Iowa. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuellcr, Welu. Nays-None. RESOLUTION NO. 106-53 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the following applications be granted and licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Dorance E. Cox, 2613 University Avenue. Ione Miller, 1322 Central Ave. Sylvester A. Weiner and Delores Weiner, 201 East 22nd Street. Eldon J. Powers, 422 Main Street, Passed, adopted and approved this 19th day of March, 1953. RUBEN V, AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuellcr, Welu. Nays-None. RESOLUTION NO. 107-53 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc• cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and be is directed to issue to the following named ap• plicants a Beer Permit. Special Session, March 19th, 1953 193 CLASS "B" PERMIT Dorance E, Cox, 2613 University Avenue. Ione Miller, 1322 Central Ave. Sylvester A, Weiner and Delores Weiner, 201 East 22nd Street. Eldon J. Powers, 422 IvIain Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 19th day of March, 1953. RUBEN V. AUSTIlV Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIIVTZINGER Councilmen Attest: J, J, SHEA, City Clerk. ` Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuellcr, Welu, Nays-None. RESOLUTION N0, lOS-53 Be It Resolved by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per• mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such pet•mit on behalf of said City, - Eldon J, Powers, 422 Main Street. Be It Further Resolved that the bonds filed with the application be approved. Passed, adopted and approved this 19th day of March, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZIlVGER Councilmen Attest: J. J, SHEA, City Clerk. ff Councilman Welu moved the t adoption o£ the resolution, Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- ` men Kintzinger, Kolb, Schuellcr, t Welu. Nays-None. RESOLUTION NO. 109-53 Whereas, there is pending before the Federal Porver Commission the application of Northern Natural Gas Company for a certificate of public convenience and necessity under the provisions of the Natural Gas Act, to authorize the construc- tion and operation of transmission pipeline facilities designed to re- ceive up to 300,000,000 cubic feet of natural gas per day from the Permian Basin Pipeline Company and to transport and deliver such additional gas to the customers and markets of Northern Natural Gas Company, and Whereas, The Key City Gas Company has filed with the Fed- eral Power Commission a Petition ', of Intervention requesting as a condition to granting the appLca- tion that Northern Natural Gas Company deliver gas for consump- tion in the City of Dubuque, Iowa, and Whereas, the availability of nat- ural gas to the City of Dubuque, Iowa, is a matter of great public interest, not only in the industrial development of the City but also in promoting the health and con- venience of its rapidly growing population. Now Therefore Resolved by the City Council of the City of Dit• buque, Iowa, that the City of Du- buque joins in the prayer of 'Phe I{ey City Gas Company in its Pe- tition of Intervention filed with the Federal Power Commission and gives to said Commission and to the applicant, Northern Natural Gas Company, the assurance that the matter of making natural gas available to this city and to its industries and inhabitants, is a matter of great public interest and concern. RUBEN V, AUSTIN Mayor CLARENCE P. WELU CHARLES A. KINTZINGER LEO N.SCHUELLER RAY F. KOLB Councilmen Attest: J, J. SHEA, City Clerk, CERTIFICATE I, J. J.Shea, Clerk of the City of Dubuque, Iowa, hereby certify that the above and foregoing is a true and correct copy of Resolution No. 109-53 passed, approved and 194 Special Session, March 19th, 1953 adopted by the City Council of the City of Dubuque, Iowa at a session of said City Council on March 19th, 1953. J. J. SHEA, Clerk of the City of Du- buque, Iowa. Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, C~uncil- men Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. J. J. SIIEA, City Clerk. Approved .................................. .1953 Adopted ........................................1953 Councilmen : .................................. Attest : .................................... City Clerk 1 z 3 `'.