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1953 June Council ProceedingsRegular Session, June 1, 1953 393 ~• ~~ ~ !1 ~, _ ~~ ~ ~~ (OFFICIAL) Regular Session, June 1st, 1953. Council met at 7:30 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 pm•- pose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- provement of the following por- tions of the following streets by surfacing with Hot Mix, Hot Laid Asphaltic Concrete, to-wit, pre- sented and read: Eighth Avenue from the west property line of Central Avenue to the north property line of Hill Street. Hill Street from the south prop- erty line of Eighth Avenue to the north property line of West Third Street. Ninth Street from the east prop- erty line of Bluff Street to the west property line of Central Ave. Seventh Street from the east property line of Locust Street to the west property line of Central Avenue. Sixth Street from the east prop- erty line of Locust Street to the west property line of Central Ave. West Eleventh Street from the east property line of Bluff Street to the west property line of Cen- tral Avenue. West Twelfth Street from the east property line of Main Street to the west property line of Cen- tral Avenue, No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. 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, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLl1TI0N N0, 259-53 Be It Resolved by the City Council of the City of Dubuque, Iowa, on its own motion: Section 1. That it is deemed ad- visable and necessary for the public welfare to make and pro- vide street improvements under the provisions of Chapter 391 of the 1950 Code of Iowa, by resurf- acing on the following portions of the following named streets with hot mix, hot laid asphaltic concrete, to-wit: Eighth Avenue from the west property line of Central Avenue to the north property line of Hill Street. Ilill Street from the south prop- erty line of Eighth Avenue to the north property line of West Third Street. Ninth Street from the east prop- erty line of Bluff Street to the west property line of Central Ave, Seventh Street from the east property line of Locust Street to the west property line of Central Avenue. Sixth Street from the east prop- erty line of Locust Street to the west property line of Central Ave, West Eleventh Street from the east property line of Bluff Street to the west property line of Cen- tral Avenue, West Twelfth Street from the east property line of Main Street to the west property line of Cen- tral Avenue. Section 2, Said improvements shall be constructed under contract and in accordance with the plans and specifications which have been prepared by the City Engineer and which 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 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 ~~ .; ~'- ~. n;. 394 Regular Session, June 1, 1953 streets shall be assessed against I the railway company. ' Section 4. That the City Council ~' by this resolution gives notice of its intention to issue bonds as prcvided by Section 396.6 of the Code of Iowa, 1950, far the purpose of providing for the payment of the assessed cost of said improve- ments; said bonds to be issued in anticipation of the deferred pay- ment of the assessments levied therefor, and that said bonds 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 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 ob- jections thereto. Section 6, For purpose of brevity and reference all the foregoing improvements shall be known as "City of Dubuque Downtown Re- surfacing Program." Introduced, approved and ordered placed on file with the City Clerk this 12th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, City Clerk, RECORD OF FRVAL ADOPTION Whereas, on the 1st day of June, 1953, the City Council of the City of Dubuque met at 7,30 P.M, in the City Council Chambers in the City Hall in said city pursuant to published notice given as provided by law and the resolution of the City Council, and there and then considered all written and oral objections to the foregoing resolu- tion and the proposed plans, speci- fications, plat, schedule and cost of such improvement, Now, There- fore, Be It Resolved that all objec- tions be and the same are hereby overruled and the foregoing resolu- tion passed and adopted as pro- posed by the City Council this 1st day of June, 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 Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construotion) RESOLUTION PIA. 273-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 259-53 which was duly passed by this Council, for the improvement of the following portion of the following streets by surfacing the same with Hot Mix, Hot Laid Asphaltic Concrete, to- wn: Eighth Avenue from the west property line of Central Avenue to the north property line of Hill Street, Hill Street from the south prop- erty line of Eighth Avenue to the north property line of West Third Street. Ninth Street from the east prop- erty line of Bluff Street to the west property line of Central Ave. Seventh Street from the east property line of Locust Street to the west property line of Central Avenue, Sixth Street from the east prop- erty line of Locust Street to the west property line of Central Ave. West Eleventh Street from the east property line of Bluff Street to the west property line of Cen- tral Avenue. West Twelfth Street from the east property line of Main Street to the west property line of Cen• tral Avenue, be and the same are hereby ordered and constructed by this Council upon its own motion. 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. Regular Session, June 1, 1953 395 Be It Further Resolved that f the cost and expense of the said improvements be paid for by levy- ing special assessments against the privately awned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out ~ of the street funds of the city. Payment will be made to the con- tractor out of funds realized from j the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. ~' Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before the 1st day of October, 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 placed on file for final adoption this 1st day of June, 1953. ~ Councilman Kolb moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form 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. Seconded by Councilman Schueller. Carried by the following vote: ' Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity ~ and hearing upon proposed plans, specifications, form of contract and cost of improvements for the improvement of the following por- t lions of the following named streets by surfacing with Class 1 Concrete Pavement, to-wit- pre- sented and read; North Algona Street from the north property line of Grace Street to the south property line of University Avenue. East Eighth Street from a point 8 feet east of the west property line of Pine Street to the east property line of Central Avenue. Kirkwood Street from a point 141 feet west of the west property line of Alta Vista Street to the west end of Kirkwood Street, No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Schueller moved that the proof of publication be received and filed, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RE50LUTI®N N®. 262-53 Be It Resolved by the City Council of the City of Dubuque, Iowa, on its own motion: Section 1. That it is deemed ad- visable and necessary for the public welfare to make and pro- vide street improvements under the provisions of Chapter 391 of the 1950 Code of Iowa, by re- surfacing on the following portions of the following named streets with Class 1 concrete pavement, to-wit: North Algona Street from the North property line of Grace Street to the South property line of University Avenue, East Eighth Street from a point 8 feet east of the West property line of Pine Street to the East property line of Central Avenue. Kirkwood Street from a point 141 feet West of the West prop- erty line of Alta Vista Street to the West end of Kirkwood Street. Section 2. Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared by the City Engineer and which 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- 396 Regular Session, June 1, 1953 pence of making said improve- ments will be assessed upon and against all privately owned prop- rety 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 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 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 the Code of Iowa, 1950, for the purpose of providing for the pay- ment of the assessed cost of said improvements; said bonds to be issued in anticipation of the de- ferred payment of the assessments levied therefore, and that said bonds 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 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 object- tions thereto. Section 6, For purpose of brevity and reference all the foregoing im- provements shall be known as "City of Dubuque 1953 Concrete Pavement Program No. l." Introduced, approved and or• dered placed on file with the City Clerk this 12th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk, RECORD OF FINAL ADOPTION Whereas, on the 1st day of June, 1953, the City Council of the City of Dubuque met at 7:30 P.M, in the City Council Chambers in the City Hall in said city pursuant to pub- lished notice given as provided by law and the resolution of the City Council, and there and then con- sidered all written and oral ob- jections to the foregoing resolu- tion and the proposed plans, spe~i- fications, plat, schedule, and cost of improvement, Now, Therefore, Be It Resolved that all objections be and the same are hereby over- ruled and the foregoing resolution finally passed and adopted as pro- posed by the City Council this 1st day of June, 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 Kolb moved the adoption of the resolution. Sec- owned by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, (Ordering Construction) RESOLUTION N®. 274-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 262-53 which was duly passed by this Council, for the improvement of the following portions of the following named streets by surfacing the same with Class 1 concrete pavement, to-wit: North Algona Street from the north property line of Grace Street to the south property line of University Avenue, East Eighth Street from a paint 8 feet east of the west property line of Pine Street to the east property line of Central Avenue. Kirkwood Street from a point 141 feet west of the west property line of Alta Vista Street to the west end of Kirkwood Street, be and the same are hereby ordered and constructed by this Council upon its own motion, 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 Regular Session, June 1, 1953 397 cost and expense of the said im- ~ provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adj acent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said im- provements shall be completed on or before the 1st day of October, 1953. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Approved and placed on File for final adoption this 1st day of June, 1953, Councilman Schueller moved that the resolution just read be- ing aresolution 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 remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu, Nays-None. -Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Rowan Street with Class I Concerete Paving from the south property line of South Grand- view Avenue to the south Corpora• tion Limits, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the fallowing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Dubuque, Iowa May 25, 1953 City Manager, City Councilmen, Dubuque, Iowa. Gentlemen; I wish to protest against the proposed plan for the paving of Rowan Street with concrete. I heartly agree that some sort of a paving should be put on the street but after viewing the plat and the assessments for each property holder I can't see how I can afford over $700 to pay for it, I am a widow without much of an income and to have to scrape up over $700 would indeed be a great hardship to me. I also cannot understand why I should be assesed at least $70 per front while a lot of my neighbors are not even assessed $50 per foot. Very truly yours, Mary G. Palmer. Councilman Kolb moved that the petition be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cast of im• provements.) RESOLUTION N®. 275-53 Whereas, proposed plans and specifications and form of con• tract for the improvement of Rowan Street from the south property line of South Grandview Avenue to the south Corporation Limits with concrete pavement and intergral curb 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 E' ', ~;, ;. %k~ f ~ ,#. ;t : , °; `. l ,. ;'. 398 Regular Session, 3une 1, 1953 hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of June, 1953; and Whereas, the City Council met in regular session this 1st day of June, 1953, at 7:30 o'clock P.M., at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve• ment herein described and pro• posed 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 duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des• cribed and proposed to be made, be and the same are hereby over ruled and such plans, specifica• tions and form of contract hereto- fore 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 con- tract for or cost of said improve- ment be made a matter of perma• nent record in connection with said improvement. Passed, adopted and approved this 1st day of June, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZIlVGER Councilmen Attest; J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schuellor, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 265-53 Whereas, proposed plans, speci• fieations, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the dis- trict, if any. 2, The streets to be improved. 3, The width of such improve• ment, and the size and kind of sewers. 4, Eaeh lot proposed to be as• sassed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6, In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Rowan Street from the south property line of South Grandview Avenue to the south Corporation Limits with concrete pavement and integral curb. Be It Therefore Resolvod that the City Council on its own mo• tion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve• ment will be assessed upon and against all privately owned prop- erty lying within assessable dist• once provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ae• cording to area and in proportion Regular Session, dune 1, 1953 399 to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro-, duced, approved and ordered placed on file with the City Clerk this 12th day of May, 1953. The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 1st day of June, 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 Kolb moved the adoption of the resolution. See• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 276--53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 265-53 which was duly passed by this Council, for the improvement of RawanStreetfrom the south property line of South Grandview Avenue to the south Corporation Limits with concrete pavement and interral curb, be and the same are hereby ordered and constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications heretofore adapted 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 the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city, Pay- ment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise far proposals for the construction of the various improvements here- in provided for in the manner pro• vided by law, the said improve- ments shall be completed on or before the 1st day of October, 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. Councilman Welu moved that the resolution just read being a resolution ordering a street im• provement be now considered complete in form far 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, Proof of publication, certified to by the publishers, of notice of pub• lit hearing on a proposal to amend the Zoning Ordinance so as to change the zoning classification of Lots 4 to 22 inclusive and Lots 25 and 26 in Mississippi Heights Sub• division from Two-Family Resid• ante Classification to Multiple• family Residence Classification, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Kolb moved that the proof of publication be received 400 Regular Session, June 1, 1953 and filed, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, OR®INANCE N0. 11.53 An Ordinance amending and changing the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3.34 designated the "Zoning Ordinance," so as to change the herein described area from Two-family Residence District Classification to Multiple-family Residence Classification, said or- dinance having been passed upon first reading on May 12th, 1953 and ordered placed on file with the City Clerk for public inspection for at least one week before final. adoption, was presented for final adoption. ORDINANCE NO. 11.53 An Ordinance Amending and Changing the Zoning Map of the City of Du- buque, as provided by Ordinance No. 3-34 designated the "Zoning Ordinance," ao as to Change the Herein Described Area from Two- Family Residence District Classifi- cation to Multiple-Family Resi- dence District Classification, Be It Ordained by the City Council of the City of Dubuque; Section 1. That the Zoning Map of the City oP Dubuque, as provided by Ordinance No, 3.34, designated the "Zoning Ordinance" be and the same is hereby amended and changed by changing from Two-Family Resi- dence District Classification to Mul- tiple-Family Residence District Clas- sification, the following described portions of Mississippi Heights Sub- division, to-rvit: Lots 4 to 22 inclusive, and Lota 25 and 26, all in Mississippi Heights Subdivision. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 12th day of May,, 1953. Rule requiring reading on three, separate days suspended by unani- mous vote the 12th day of May, 1953. Passed, adopted and approved this 1st day of June, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHIIELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 5th day of June, 1953, J. J. SHEA, 1t June 5 City Clerk Councilman Kolb moved the adoption of the ordinance, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Appropriation: 1741413.22 Navy Personnel, General Expenses 1954 Allotment No. 42661, Object Class, Na. 051, Expend Acct, 45361 Citation Pers 2.54 RENEN/Ale OF fOVERNMENT LE,4SE You are hereby notified that un- der the provisions of Paragraph 5 of Government Lease: Noy (R)- 40836 with City of Dubuque, Iowa Lessor. d 1/1/47 covering approxi- mately 0.85 of an acre in Ham's Addition in the City of Dubuque, Iowa, for a Naval Reserve Train- ing Center. L16.65-Du the United States of America elects to renew the said lease, as the same may have been amended, for the period of one year and after June 30,1953, and by these presents does renew, extend, and adopt the said lease and all the terms and conditions thereof for the period beginning July 1, 1953, and ending June 30, 1954, Dated at Washington, D. C., May 19, 1953. THE UNITED STATES OF AMERICA, By Jack E. Cochrane By direction of the Chief of the Bureau of Yards and Docks, acting under the direc- tion of the Secretary of the Navy. Councilman Welu moved that the Renewal of Government Lease be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Telegram from Ned H. Dear- . barn, President, National Safety Council, advising that the City of Dubuque was awarded honorable mention in the 1952 National Traf- fic Safety Contest, presented and read. Councilman Welu moved that the Telegram be received and filed. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of C. Francis Barker and others, taxpayers residing in the vicinity of Green, Finley and As- regular Session, June 1st, 1953 401 bury Streets, requesting that the City construct a storm sewer from Finley Street to the proposed Bunk- er Hill Street, presented and read. Councilman Kolb moved that the petition be refererd to the City Manager. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None, Petition of R, F. Davidsaver and others requesting the City to con- sider the matter of speeding in the alley between Locust and Bluff Streets and from 4th to 5th Streets, presented and read, Councilman Kolb moved that the petition be referred to the City Manager, Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Shiloh Circle No. 37 Ladies of The Grand Army of the Republic asking permission for the holding of a tag day on the evening of September 11th and the day of September 12th, 1953, presented and read, Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Charles P. Mettel and others, residents of Windsor Av- enue District, asking that the park- way along Linwood be properly maintained in grass, shrubbery and flowers, as formerly, as this will tend to keep the street from being a natural speedway, present- ed and read, Councilman Schueller moved that the petition be referred to the City Council and the Park Board to view the grounds. Second- ed by Councilman Kintzinger, Car- ried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Klauer Manufacturing Company requesting permission to erect and maintain an overhead conveyor with ample clearance across East Ninth Street at a point approximately 167 feet east of the east property line of Washington Street, presented and read, Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of William J, Jr. and Evelyn M, Hohnecker, also Clem J, Smith, owners of Lots 14 and 15 of Yates Subdivision, in regard to the petition asking for the vaca- tion of the alley in Yates Subdivi- sion between Lots 12 and 13 and stating that they believe that this alley is a convenience to the other owners, presented and read, Councilman Schueller moved that the petition be refererd to the City Council to view the grounds, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of John and Rosins Wal- brun, owners of Lot 141 and the South r/z of Lot 142 of Belmont Ad- dition requesting the City Council to incorporate such property into the City of Dubuque, presented and read, Councilman Kolb moved that the petition be referred to the Plan- ning and Zoning Commission far their recommendation and report, Seconded by Councilman Kolb, Car- ried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of H & W Motor Express Company requesting that an in- vestigation be made as to the pos- sibility of eliminating parking on one side of the street on 30th Street running from Jackson Street to Central Avenue, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Traffic Division for investigation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. 402 Regular Session, June 1st, 1953 May 28, 1953 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: The petition of Mary Hier for suspension of taxes for the year 1953, on the ground of old age, was submitted to this of- fice for investigation and report. Due investigation has been made, and it is respectfully recommended that the taxes for the year 1953, assessed against Mary Hier, be sus- pendedfor the reason that the peti- tioner is unable to contribute to the public revenue due to her age. Respectfully submitted, Robert M. Czizek Assistant City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Kintzinger, Carried by the follow ing vote: Yeas-Mayor Austin, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None, May 28, 1953 Honorable Mayor and Members of the City Council of the City of Dubuque. Gentlemen; On' May 4, 1953 a claim was filed with the Clerk of the City of Dubuque, by Herbert H. Kisting, in the sum of $14.39, representing damages sustained by him to his automobile when he drove it aver the alley between Wilson and Caledonia Place on May 4, 1953. Such claim was refereed to this office for investigation and report. After due investigation, it ap- pears that said claim should be paid, and it is respectfully recom- mended that the Auditor be in• structed to draw a warrant in favor of Herbert H. Kisting in the sum of $14.39, to be delivered to him upon the execution of a proper release. Respectfully submitted, R, M, CZIZEK, Assistant City Solicitor Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $14,39 in favor of Herbert H. Kisting, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 26, 1953 Honorable Mayor and Members of City Council, Dubuque, Iowa, Gentlemen: On March 23, 1953 a claim was filed by F. X. Theis, wherein he claimed damages far tearing a tire on his car as he attempted to park the same on the North side of West 11th Street, between Prairie and Walnut Streets in the City of Dubuque, Iowa. Said claim was referred to this office for investigation and re- port, and such investigation was made. From said investigation, it appears that the ity of Dubuque was guIlty of no negligence in maintaining the curb at this point in the street and for that reason it is respectfully recommended that said claim be denied. Respectfully submitted, R. M. Czizek, Assistant City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved, Seconded by Councilman Kintzin- ger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, May 26, 1953 Honorable Mayor and Members of City Council, Dubuque, Iowa. Gentlemen: On January 28, 1953, a claim for damages for personal injuries in the amount of $102.50 was filed with the City Clerk by Syb41 Theis. Claimant alleged in her claim that she fell upon an icy sidewalk on December 5, 1952, at approxi• mately 8;05 A.M. She sustained a broken wrist, Such claim was submitted to this office for investigation and report, and due investigation has been made. It appears from the investigate tion that a sleet storm occurred on the evening of December 4, Regular Session, June 1st, 1953 403 1952, and the early morning of December 5, and the sidewall{s generally were coated with a thin layer of ice, { Pursuing the investigation ~ further, it appears that the City i was guilty of no negligence which might render it liable to claimant, and it is therefore respectfully recommended that said claim be denied. Respectfully submitted, R. M. Czizek, Assistant City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved. ` Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. May 26, 1953 Honorable Mayor and Members of City Council, Dubuque, Iowa, Gentlemen: On May 1, 1953, a claim was filed with the City Clerk by Earl Marihart, claiming alleged, he suffered as a result of driving his # car into a hole in the street at 1 22nd and Central Avenue on Fri- ` day, April 24, 1953, ~ Said claim was referred to this office far investigation and report. After due investigation, it appears that said claim should be paid and, it is respectfully recommended to your Honorable Body that the Auditor be instructed to draw a ~ warrant in favor of Earl Maihart in the sum of $6.00, to be de- ~ livered to him upon his execution of a proper release. Respectfully submitted, R, M. Czizek, Assistant City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $6.00 in favor of Earl Marihart, 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. June 1, 1953 Honorable Mayor and Members of City Council, Dubuque, Iowa. Gentlemen: On April 28, 1953, John V. Neff filed a claim with the Clerk of the city of Dubuque for damages sus- tained by him when his car struck some rocks in the street on Kelly Lane. Damages were fixed in the sum of $20.29. This claim was turned over to this office for in• vestigation and report. After investigating said claim, it is the opinion of this office that the City was guilty of no negli- gence which might render them liable to the claimant for the damages complained of, and it is therefore respectfully recommend- ed that said claim be denied. Respectfully submitted, R. M. Czizek, Assistant City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, May 29, 1953 Honorable Mayor and Members of City Council, Dubuque, Iowa, Gentlemen: The claim of Mrs. Thomas Mena- due far damages resulting from a fall on a defective sidewalk on March 2, 1953, has been referred to this office for recommendation and report. I have discussed the matter with attorneys for Mrs. Menadue and the abutting property owner. She has agreed to accept $50.00 in full satisfaction of her claim and the abutting owner has agreed to pay half of this. I recommend that this settle- ment be approved and that the Auditor be instructed to issue a warrant payable to Mrs, Thomas Menadue for $25.00, upon receipt of a properly executed release, Sincerely, T, H. Nelson. Councilman Welu moved that _~, ~_.. '"~ 3'.~.. ~, 1`:= ... ;: a: `'` £, ,` ¢, ,; :~-; 404 Regular Session, June 1st, 1953 the recommendation of City Solici- I for Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $25,00 in favor of Mrs. Thomas Menadue, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Du• buque of a propertly executed re• lease. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 29, 1953 To the Honorable Mayor and Gity Council, Dubuque, Iowa. Gentlemen: The Planning & Zoning Commis- sion respectfully recommends to your Honorable Body the granting of attached petition of Lucille Hilderbrand and Charles T. Becker asking vacation of alley between Lots 12 and 13 in Yates Sub. of Out Lots 708 and 713 in the City of Dubuque. The Planning & Zoning Commission can see no public need of the alley, which extends only the depth of these two lots and dead•ends in an unimproved alley to the south. Dividing this alley be- tween lots 12 and 13 will greatly improve these building lots (now 45 feet in width) and therefore the City is entitled to a fair price far same, Respectfully submitted, Dubuque Planning and Zoning Commission By: Louis C. Stoffregen, Chairman. Councilman Schueller moved that the communication of the Planning and Zoning Commission be referre~to the City Council to view the grounds. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 29, 1953 ~' To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Regarding the attached petition of Thomas E. Byrne asking exten• sion of present local business dis- trict at Dodge and Bryant Streets northerly to include the Quarry Section, the Planning & Zoning Commission recommends to youa Honorable Body approval of the petition, describing the limitations definitely as follows: Extend the present Local Busi- ness District to include the follow- ing. Beginning at a point one hundred and sixty eight feet west of the east line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 67 where same intersects with the north line of Dodge Street, thence northerly 250 feet, thence westerly along a line parallel to the north line of Dodge Street 490 feet, thence southerly 100 feet to connect with the present Local Business District. This site has been viewed by Mr. Hartzog as well as the Plan- ning & Zoning Commission and all agree that the space is ideal for a tourist camp, and will detract in no way from natural beauty of the surroundings, Respectfully submitted, Dubuque Planning and Zoning Commission By; Louis C. Stoffregen, Chairman. Councilman Kintzinger moved that the recommendation of the Planning and Zoning Commission be approved and proper proceed- ings prepared. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. June 1, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Leo J, Welu and others requesting the opening of an alley between Lowell and Cottage Streets from Abbott to Woodworth was referred to the City Council to view the grounds. Afton viewing the grounds the decision of the Council was that the alley could be opened provided that no damage is sustained by adjoining property owners due to the grading. I recommend that the decision of the Council be approved. Respectfully submitted, L. J. SCHILTZ, City Manager. Regular Session, June 1st, 1953 405 Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. June 1, 1953, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Iowa Road Building Com- pany requests that their contract fora 1953 street program awarded on April 14th in the amount of $155,854.65 be assigned to Carleton D. Beh Company and the Central National Bank & Trust Company, Des Moines, Iowa, I recommend that the assign- ment be approved. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved providing that the City Solicitor approves t h e Form of Assignment. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. May 28, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The terms of M. H. Czizek, Ma- bel Hoffmann and William Markey, members of the Library Board, ex- pire July 1, 1953, The term of Fred C. Bissell as a member of the Planning and Zon- ing Commission expired May ~4, 1953. Respectfully submitted, L. J. Schiltz, City Manager, Councilman Schueller moved that M. H. Czizek, Mabel Hoffman and William Markey be reappointed as members of the Library Board for terms of six years, said terms ex- piring July 1, 1959 also that Fred C, Bissell be re•appointed as a member of the Planning and on• ing Commission for a term of five years, said term expiring May ?4, 1958, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 27, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of E. Mar- shall Thomas requesting the city to put a blacktop surface on the alley between Coates and Simpson Streets was referred to the City Manager for investigation and re- port. An arrangement has been made with the property owners whereby they will pay the total cost of this seal coat surfacing in the alley. Respectfully submitted, L, J. Schiltz, City Manager. Councilman Kolb moved that the communication of City Manager Schiltz be received and made a matter of record. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 28, 1953, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Dubuque Paeking Company requesting permission to excavate in and along the easterly side of Sycamore Street to install a water main was referred to the City Manager and Water Superin- tendent far recommendation a n d report. Our recommendation is that the Dubuque Packing Company be giv- en authority to install a private water main in Sycamore Street, the location to be approved by the Water Department and Engineer- ing Department so as not to inter- fere with any future utilities, Also, that the excavation be performed under the existing city ordinance. Respectfully submitted, L, J. Schiltz, City Manager. 406 Regular Session, June 1st, 1953 Councilman Kalb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. R~SOLUTQOid bl®. 277-53 Whereas Dubuque Packing Com- pany has petitioned the Council of the City of Dubuque for authority to excavate a trench in and along the Easterly side of Sycamore Street from the Northeast corner of East 15th Street to the Southeast corner of East 16th Street and in East 16th Street diagonally across the same to the Northwest corner of East 16th and Sycamore Streets for the purpose of supplying water to its plant from a well situated at the Northeast corner of East 15th and Sycamore Streets: Now There, fore, Be It Resolved by the Council of the City of Dubuque: Section 1. That Dubuque Packing Company and it is hereby granted the riglrt to construct and maintain a water line in Sycamore Street and 16th Street in the City of Du- buque from the Northeast corner of East 15th Street to the North- west corner of East 16th Street in order to supply water to its plant from a well situated upon its prop- erty at the Northeast corner of Sycamore Street and East 15th Street upon the following terms and conditions: a. That grantee agrees to con- struct said water line within one year from the date hereof and to pay the entire cost thereof includ- ing the cost of excavation and re- storing the surface of the street; b. That said water line shall be constructed in accordance with plans approved by the City Man• ages and under the supervision and direction of the City Manager and City Engineer; c. That grantee will enter into a contract for the construction of said water line with a qualified contractor, which contract w i 11 among other things contain a clause requiring the contractor to obtain all necessary permits, in- cluding excavation permits, re- quired by the City of Dubuque, or any other governmental agency; d. That upon the completion of said water line that the same shall remain the private water line of the grantee and the grantee agrees to maintain the same in such a manner as not to become detrimen- tal to the public interest; e. That the power herein granted be subject at all times to the right of the City of Dubuque to require the relocation of said line at gran- tee's expense in the event the same shall became necessary to carry out municipal improvements. Section 2. This Resolution shall be in full force and effect after its final adoption and acceptance of the terms and conditions thereof by the grantee. Approved and placed on file for public inspection this 1st day of June, 1953, Councilman Schueller moved that the resolution be approved a n d placed on file with the City Clerk for public inspection for at least one week before final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. May 27, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of Charles W. Schreiber, President of the Ar- mory Corporation together with the petition of Charles G. Specht and others requesting the placing of a street light on Valley Street im- mediately to the north of the Ar- mory Garage was referred to the City Manager and Electrical In- spector for recommendation and report. After investigating the petition, find that street lights on Valley Street are placed at a proper dis- tance apart and the purpose of this request is mainly to light the parking area behind the National Guard Armory, This parking area is rough and quite dark, However, by placing a light in the rear of the Armory building, this parking area could be illuminated for the i time that it is being used. Regular Session, June 1st, 1953 407 I recommend that the petition be denied. Respectfully submitted, L, J. Schiltz, City Manager. Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 27, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The matter of restricting park- ing on one side of St. Mary's Street was referred to the City Manager and Police Department for their necammendation and re- port, Upon investigation it was found that St. Mary's Street is only 18'3" wide with no residences an the east side of the street. With the Barking of vehicles on both sides of the street, all traffic is blocked. It is, therefore, recommended that the east side of St. Mary's Street be restricted from all park- ing from Emmett Street to West Third Street. Respectfully submitted, L. J. Schiltz, City Manager, Councilman We1u moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kalb. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 27, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The matter of erecting stop signs at the intersection of Stafford and Lincoln Avenue was referred to the City Manager for recommendation and report, An investigation made at this in- tersection shows that the visibility is poor from three directions and with Stafford Avenue being recent- ly improved, speed of vehicles has increased. There have been three collisions at this intersection with- in the last several months. It is, therefore, recommended that the intersection of Lincoln and Stafford Avenue be declared a Stop intersection and that vehicles travelling north and south on Staf- ford be required to stop before en- tering Lincoln Avenue. Respectfully submitted, L. J. Schiltz, City Manager Councilman W'elu 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, Welu. Nays~None. ORDi1~AN~GE N0. 37-53 An Ordinance amending Or- dinance No. 33-49, being the Traffic Ordinance of the City of Dubuque, by repealing Sec- tion B of Schedule III thereof and enacting a substitute therefor; and by adding a new Subsection to Schedule VI thereof; and pro- viding apenalty for violation there- of, presented and read. Council- man Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried 'by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Councll- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Austin, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 3753 An Ordinance Amending Ordinance No. 33-49, Being the Traffic Ordi- nance of the City of Dubuque, by Repealing Section B of Schedule III Thereof and Enacting a Substitute Therefm^ and by Adding a New Sub-section to Schedule VI Thereof; and Providing a Penalty for Viola- tion Thereof. Be It Ordained by the City Council of the City of Dubuque: Section I. That Ordinance No. 33- 49, known as the Traffic Ordinance of the City of Dubuque, be and the same is hereby amended by repeal- in; Section B of Schedule III thereof and enacting the following as a suh- stitute therefor: "SCHEDULE III-* * * * * B. Northbound and southbound vehicles must stop before entering: 408 Regular Session, June 1st, 1953 Rnsedalo Street at Avoca Street; East 21st Street at Washington Street; East 21st Street at Elm Street; Fourth Street at White Street; East 17th Street at White Street; Lincoln Avenue at Stafford Ave- nue." Section 2. That Ordinance No. 33.49, known as the Traffic Ordi- nance of the City of Dubuque, be and the same is hereby amended by adding a new sub-section to Sched- ule VI thereof, as follows: "w. The east side of St, Mary's Street from Emmett Street to West Third Street." Section 3. This Ordinance shall be in full force and effect from and after its final Passage, adoption and publication as by ]aw provided. Introduced the 1st day of June, 1953. Rule requiring reading on three separate days suspended by unani- mous vote the 1st day of June, 1963. Passed, adopted and approved this 1st day of June, 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 Tele- graph-Herald newspaper this 5th day of June, 1953. J. J. SHEA, It June 5 City Clerk Councilman Welu moved the ad- option of the ordinance. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 28, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: According to a motion adopted by the City Council on May 4, 1953 approving the recommenda- tions of the City Manager regard- ing the handling of garbage, I have negotiated with Charles H. Rhomberg and as a result of this negotiation have arrived at an agreement to terminate the gar- bage contract. The necessary equipment for the city to collect all garbage and rub- bish will be delivered so that we can commence collection on June 8th, 1953. I recommend that the agreement terminating the contract with the Dubuque Processing Company and relieving them of any performance after the city starts to make col- lection be approved by the City Council and also that the City Man tiger be authorized to execute said agreement in behalf of the City of Dubuque. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kalb moved that the 'recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Contract of Agreement Be It Remembered -that on the day and date last set forth below, and for and in consideration of the mutual exchange of the covenants and obligations hereinafter s e t forth, and in further consideration of the public health, safety, and welfare of the City of Dubuque, Iowa, this Contract of Agreement entered into by and between the City of Dubuque, Iowa, a n d Charles H. Rhomberg, doing busi- ness as Dubuque Processing Com- pany, Witnesseth: 1. That by one certain "Garbage Contract" entered into and be- tween the City of Dubuque, Iowa and Charles H. Rhomberg, dated the 29th day of August, 1949, the said Charles H. Rhomberg under- took the collection and disposal of garbage within the City of Du- buque, Iowa, for a period of five years from the 1st day of October, 1949, for the payment to him by the City of Dubuque, Iowa, of cer- tain sums of money, and subject to the terms and conditions set forth in said contract. 2. That Charles H. Rhomberg, doing business under the style and trade name of Dubuque Processing Company for his part, and the City of Dubuque, Iowa, for its part, have faithfully and satisfactorily performed the obligations, terms and conditions of said contract from the 1st day of October, 1949, to the date of this Contract of Agreement, 3. That by its action in the adop- tion, passage, and approval by the Governor on February 27, 1953, of legislation known as Senate File 258, the 55th General Assembly of Iowa enacted a statute providing for the regulation and licensing of Regular Session, June 1, 1953 409 the processing and disposal of gar- bage which is fed to animals, said legislation to be in full force and effect on June 1, 1953; that the regulation and licensing of garbage g disposal by legislation of the State q of Iowa was not contemplated b 1 y these parties when they entered in- tc said "Garbage Contract" on August 29, 1949; and that Charles H, Rhomberg doing business as Dubuque Processing Company now contends that by virtue of such legislation, he cannot practicably ~ continue to perform his obligations under said "Garbage Contract", and further contends that by virtue of such legislation he is legally ex- cused from performance of said obligations from and after June 1, 1953. .. 4, That in consideration of the possible legal effect of said legis- t lotion on the obligations of these parties under said "Garbage Con- tract", and in further considera- tion of the public health, safety and welfare, the City of Dubuque, Iowa, by resolution of its C i t y Council adopted May 4, 1953, has accepted the recommendations of 1 its City Manager that the City of Dubuque undertake the handling of garbage as soon as practicable af- ter June 1, 1953 and that Charles ~ H, Rhomberg doing business as Dubuque Processing Company be thereafter released from the con- tract entered into August 29, 1949, 5, That in consideration of all of the foregoing, it is agreed by and between the City of Dubuque, Iowa, and Charles H. Rhomberg, doing business as Dubuque Processing Company, that the City of Du- buque, Iowa, by action of its City 1 Manager, will undertake and assume the collections, handlingb and disposal of garbage within the ~' City of Dubuque, effective and at the time and the manner set forth herein. a) Upon preparation and publica- ~ flan by the City of Dubuque of new rubbish and garbage collection schedule; and ~ b) Upon receipt by the City of Dubuque of the necessary automo- five and garbage handling equip- 1 ment to enable the City to accom- plish the collection, handling and disposal of garbage; whereupon c) the City Manager of the City of Dubuque, Iowa, will give notice in writing to Charles H. Rhomberg, doing business as Dubuque Pro- cessing Company, of the date on which the City of Dubuque will assume said operation, and which notice shall state that from and af- ter said date Charles H. Rhom- berg, doing business as Dubuque Processing Company, shall be re- lieved of all further obligations and responsibility for performance of the obligations of the "Garbage Contract" dated August 29, 1949; and, whereupon d) After the city of Dubuque has commenced said operation, t h e City Manager shall report to the City Council of the City of Du- buque, Iowa, of such fact, and, upon his reporting to. the City Council, the performance band of Charles H, Rhomberg furnished to the City of Dubuque under t h e terms of said "Garbage Contract" shall be released and the surety thereon discharged, e) It is contemplated that the time of such action by the City Manager will be not later t h a n July 1, 1953, 6, That it is agreed by and be- tween the City of Dubuque, Iowa, and Charles H. Rhomberg, doing business as Dubuque Processing Company, that these parties, being parties to the "Garbage Contract" dated August 29, 1949, will continue to perform all of the terms and conditions of said contract to the date of such action by the City Manager and the City of Dubuque, Iowa, in undertaking and assuming the collection, handling and dispos- al of garbage, and, further, that the City of Dubuque will pay to Charles H. Rhomberg, the sum of $89.73 per day for each day of such performance from and after May 31, 1953 to the date of such action by the City Manager and the City of Dubuque, Iowa, as aforesaid, Dated at Dubuque, Iowa, this 2nd day of June, A.D. 1953, City of Dubuque, Iowa By L, J. Schiltz Its City Manager Charles H. Rhomberg doing business as Dubuque Processing Company, A~ ;'.: y- 410 Regular Session, June 1, 195 ORDINANCE N0. 33-53 An Ordinance providing for Municipal Collection of Gar- bage and Refuse; D e f i n i n g terms, prescribing rules and regulations therfor; Restricting the private collecting of gar- bage and refuse; Repealing Ordi- nances in conflict therewith; and providing penalties for violation thereof, presented and read. Coun- cilman Kolb moved that the read- ing just had to considered the first reading of the ordinance, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Council• man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 38.53 An Ordinance Providing for Munici- pal Collection of Garbage and Refuse; Defining Terms, Prescr~b- ing Rules and Regulations There- for; Restricting the Private Col- lecting of Garbage and Refuse; Re- pealing, Ordinances in Conflict Therewith; and Providing Penalties for Violation Thereof. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. For the purpose of this Ordinance, the following definitions shall apply: (a) Garbage shall mean any and all refuse from food incidental to its preparation or use for human consumption. (b) Refuse shall mean all paper, ashes, cans, bottles, yard rakings and other debris which is of small enough size to be placed in the proper con- tainers, but excluding any and all building materials, Section 2. The City Manager is hereby authorized and directed to employ City-owned vehicles and equipment, and the necessary oper- ating personnel, to collect all gar- bage and refuse from dwellings and buques neon sibs lfollohwingltterms and conditions: (a) Collections shall be made not more than twice weekly, at suct times and in such areas of the City as shall be set out in schedules pre• pared by the City Manager. (b) The City Manager is herebS authorized and empowered to changE or amend such schedules from timE to time as he, in his discretion, shal deem necessary. (c) Where collections are made from alleys, garbage and refuse con tainers shall be placed as near a practicable to the property line abut ling the alley on the days designated n such schedule. (d) Where collections are made from the street, garbage and refuse containers may be placed on the property side of the curb on the days designated in said schedule. How- ever, such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emp- tied shall be promptly removed by the occupant of the premises. Section 3. Refuse shall be placed in containers not more than twenty gallons in capacity and when refuse is mixed with garbage, or other of- fensive organic material, the con- tainers shall be of a type required for garbage. However, it shall not be necessary to place boolts, maga- zines or newspapers 1n containers, provided the same are securely tied in bundles not larger than ZOx20x36 inches. Section 4. Within the corporate limits of ills City oP Dubuque, all garbage or refuse, consisting of waste animal and vegetable matter, which may attract insects, dogs or rodents, shall be drained of al] excess liquor, wrapped in paper or disposable con- tainers, and placed or stored, until collected, in covered metal contain- ers of a type prescribed by the health officer. Section 5, It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place in the City of Dubuque, such quantities of gar- bage, either in containers or not, that shall, in the opinion of the health officer, constitute a health or sani- tation hazard. Section G, It shall be unlawful for any person to permit to accumulate quantities of refuse, papers, trash, ashes, or other waste materials within or close to any building in the City of Dubuque, unless the same is stored in containers in such a manner as not to create a health or fire hazard. Section 7. No person, firm or cor- poration shall engage in the business of removing garbage or refuse from the premises of others unless he shall have first applied for and received a permit to do so from the City Man- ager. Applications for such permis- sion shall specify the route to be traveled, the places to be served, and the name and residence of the ap- plicant. Section 8. No person shall haul any garbage upon the streets, alleys or public places of the City of Du- buque, unless the same is in ap- proved containers, securely fastened to prevent spillage, or ~ a water- tight covered vehicle, Section 9. No person shall haul refuse upon the streets, alleys or public places o4 the City of Dubuque unless the same is in approved con- tainers, or securely battened down to prevent litter being deposited in the public ways, Section 14. Section 8 oP Ordinance No. 34 is hereby repealed. Section 11. Ordinance No. 28.29 ie hereby repealed. Section 12. Ordinance No, 147, as amended, is hereby repealed. Section 13. Any person who shall violate any of the provisions of this ordinance shall be guilty of a mis- demeanor and punished by a fine of not more than $100.00 or be impris- oned for not more than thirty days in lieu of such fine. Section 14, This ordinance shall be regular Session, June 1, 1953 411 in full force and effect after its final adoption and publication as provided by law, Passed, adopted and approved this Ist day of June, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P, WELU HAY F. I{OLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J, J, Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 5th day of June, 1953. J. J. SHEA, It June 5 City Clerk Councilman Kolb moved t h e adoption of the ordinance, Second- ed by Councilman Schueller. Car- ritd by the following vote; ' Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 27, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. t Gentlemen: The City Health Department has ! been advised by the U. S. Public Health Service and the Iowa State Department of Health that our City Milk Ordinance should be re- vised to include additional require- „ ments present in the U. S. Public Health Code of 1953. Because of rapidly changing processes and methods, certain por- tions of our 1941 Ordinance, based on the U. S, Public Health Code of 1939, are now obsolete and not in strict compliance with the Fed- - eral Security Agency laws on in- terstate milk shipments. The adoption of a new ordi- nonce wlll assure consumers in Dubuque that their milk supply is inspected and examined under the mast recent recommendations far sanitary control. Consumers will al- so be assured of a constant supply of premium milk throughout the year even in low milk production periods. Also surplus milk in high production seasons can be export- . ed into interstate commerce. I recommend that the new Or- dinance be approved incorporating the milk ordinance and Cade of the U, S. Public Health Service. This ordinance will not create any undue hardship on present sup- - pliers of milk because of our pres- . ent high standard of inspection and it also has the support of the dairies shipping out of the Du- buque market area into interstate commerce, Respectfully submitted, L. J. Schiltz, City Manager, Councilman Welu 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, Welu, Nays-None, RESOLUTION N0. 278 - 53 Be It Resolved By The City Coun- cil Of The City of Dubuque: Section 1. The "Milk Ordinance and Code - 1953 Recommendations of the Public Health Service" hav- ing been submitted to the City Council and the City Council be- ing familiar therewith, Section 1 to 14, inclusive of the Ordinance and all of the United States Pub- lic Health Service Milk Code are hereby approved and ordered plac- ed on file with the City Clerk. Adopted this 1st day of June 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. Councilman Welu moved the ad- option of the resolution, Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 39-53 An Ordinance exacting com- pliance with Public H e a l t h Service Milk Ordinance in ad- dition to Ordinance No.7-41 and providing penalty for via lotion thereof, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Schueller moved ~,~,,-- >,;. 412 Regular Session, €~_= that tine rules be suspected re- quiring an ordinance to be read on three separate days, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 39.53 An Ordinance Exacting Compliance With Public Health Service Milk Ordinance in Addition to Ordinance No. 7.41 and Providing Penalty for Violation Thereof. Be It Ordained by the City Council oP the City of Dubuque; Section 1. In addition to the re- quirements and provisions of Ordi- nance No. 7-41 of the City of Du- buque, as amended, all persons, firms or corporations producing, transport- - ing, processing, handling, labeling, selling or offering for sale any milk er milk products Por ultimate con- sumption within the City of Dubuque, Iowa, shall also comply with the terms of the unabridged form of the Ordinance in "Milk Ordinance and Code-1953 Recommendations of the Public Health Service's as approved by the City Council by Resolution - No. 275-53 on the 1st day of June, 1953. Section 2. In addition to the pro- visions of Ordinance No. 7-41 of the City of Dubuque, ae amended, the sampling, examination grading, and labeling of milk or milk products sold or offered for sale for ultimate con- - sumption within the City of Du- buque; the inspection of dairy herds, dairies and milk plants; and the is- suance and revocation of permits to milk producers, haulers and distrib- utors shall all be done in accordance with the terms of the unabridged " form of the Ordinance in "Milk Ordi- nance and Code-1953 Recommenda- tions of the Public Health Service" as approved by the City Council by Resolution No. 278-63 on the 1st day of June, 1963. Section 3. Any person who shall violate any of the provisions of this Ordinance shall be fined not mare than one hundred dollars ($100) or imprisoned not more than thirty (30) days in tieu of such fine. Section 4. This Ordinance shall be in full force and effect after its final ~ adoption and publicaton as provided ~ ;, by law. Passed, adopted and approved this ist day of June, 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 Tele• graph-Herald newspaper this 5th day of June, 1953, 7. J. SHEA, It June 5 City Clerk Councilman Schueller moved the adoption of the ordinance, Second- - ed by Councilman Kalb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. ~> Nays-None. `E ;' ORDINANCE NO. 40-53 June 1, 1953 An Ordinance Amending the Zoning Ordinance of the City of Dubuque by repealing Sub- section "j" of Section 1 of Article 4 of the Zoning Or- dinance of the City of Dubuque and enacting substitutes therefor to authorize additional uses in the Multiple Residence District, pre- sented and read. Councilman Kint- zinger moved that the reading just had 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, Welu. Nays-None, Councilman Kintzinger moved that the rules be suspended re- quiring an ordinance to be read on three seperate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kintzinger moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before final adoption, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 219-53 A Resolution Setting a Time and Place far Bearing on Amendment to the Zoning Ordinance. Whereas the Planning & Zon- ing Commission has recommended amendment of the Zoning Ordi- nance to provide for the inclusion of professional offices within cer- tain portions of the Multiple Resi- dente District; and Where as before any Amendment to the Zoning Ordinance may be adopted a public hearing must be had thereon; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing be had on the proposal to amend the Zoning Ordinance to permit professional offices within certain portions of the multiple residence district on the 23rd day of June, 1953, at 7:3D o'clock P.M. in the City Council Chamber in the City Regular Session, June 1, 1953 413 Hall in the City of Dubuque, Iowa, at which time and place all inter- " ested parties may be heard. Section 2. That the City Clerk is hereby authorized and directed to publish notice of such hearing once as provided by law at least fifteen days prior to the date set for said hearing, Adopted this 1st day of June, 1953. RUBEN V, AUSTIN, Mayor CLARENCE P. WELD, RAY F. KOLB, LEO N. SCHUELLER, CHARLES A. KRVTZRQGER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. June 1, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have, approved the following bonds and desire to have your ap- proval on same for filing; SIDEWALK Gilbert F, Roling, Western Sure- ty Company, W. L. Hansel & Son, The 01>,io Casulty Ins. Company, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the bonds be placed on file subject to approval of the City Solicitor. Sec- , onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, June 1,1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The contract of the Varner Well & Pump Company for the construction of pumping equip- - ment and installation incidental to the construction of a levee for flood protection and a boating channel for recreation in the area between Fengler Street and East Twelfth Street east of the C. M. St. P. & P. Railroad Company right of way in the City of Dubuque, Iowa has been completed accord- ing to plans and specifications and I recommend the acceptance of this work. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Im• provement.) RESOLUTION N0. 280-53 Whereas, the contract for the construction of pumping oquip- ment and installation incidental to the construction of a levee For flood protection and a boating channel for recreation in the area between Fengler Street and East Twelfth Street east of the C. M. St, P, & P. Railroad Company right of way in the City of Dubuque, Iowa by Varner Well & Pump Com- pany in the amount of $40,292.50 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted, Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the Lake Peosta Improvement Fund in amount equal to the amount of his con• tract, less any retained percentage provided for therein, Passed, adopted and approved this 1st day of June, 1953, Approved: RUBEN V, AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; J, J. SHEA, City Clerk. 414 Regular Session, June 1, 1953 Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 281-53 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 the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Roger C. Johnson and Robert D. Johnson, 336 Main Street. Noah McNamer, 216 West Fifth Street. A. R. Uppinghouse and Philo- mena Uppinghouse, 235-240 West 6th Street. Clara M. Reuter, 3050 Asbury Street, Clarence D. Schaller, 378 Main Street. Leo F, Link, 1487 Central Ave. Mrs. Josephine Burke, 1091 Main Street. CLASS "B" PERMIT FOR PRNATE CLUB Knights of Columbus, 781 Loc- ust Street. CLASS °`C" PERMIT The Kroger Co., 270 West 7th Street, Leo P. Manahl, 785 Groveland Place. Passed, adapted and approved this lst day of June, 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. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 282-53 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 he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "B" PERMIT Roger C. Johnson and Robert D. Johnson, 336 Main Street. Noah McNamer, 216 West Fifth Street. A, R. Uppinghouse and Philo- mena Uppinghouse, 238-240 West 6th Street. Clara M. Reuter, 3050 Asbury Street. Clarence D. Schaller, 378 Main Street. Leo F. Link, 1487 Central Ave. Mrs. Josephine Burke, 1091 Main Street, CLASS `B" PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Loc- ust Street. CLASS "C" PERMIT The Kroger Ca., 270 West 7th Street, Leo P, Manahl, 785 Groveland Place. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of June, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KRdTZRVGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Cotmcilman Kolb moved that Regular Session, June 1, 1953 415 the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Camcil. Seconded by Council- man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welts. Nays-None. Attorney Robert Kenline, re- presenting property owners on Pennsylvania Street, also Mrs. Schwendinger on behalf of Mr. Charles Meyers, also Mr. G. C. Hyatt addressed the Council in re- gard to the proposed improvement of Pennsylvania Street and re- quested that they be placed on record as definitely opposed to the proposed improvement of Pennsyl- vania Street to a width of forty feet and further requested that the City Council view the grounds before any farther action is taken on the proposed improvement of Pennsylvania Street, There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Schueller, Carried by the follow- ing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. J. J. Shea, City Clerk. Approved .................................. 1953 Adopted ...................................... 1953 Councilmen: ................................ Attest : .................................... City Clerk 416 Special Session, June 9, 1953 (OFFICI,4L) Special Session, June 9th, 1953. Council met at 4:30 P.M. Present-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Mayor Austin. Mayor Austin read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Resolution No, 277-53. A resolu- tion granting the Dubuque Pack- ing Company the right to construct and maintain a water line in Syca- more Street and 16th Street and acting on any other business as may properly come before a reg- ular meeting of the City Council. Fairmont, Minnesota June 8, 1953 L, J. Schiltz, City Manager, Dubuque, Iowa. We hereby release all of our interest and title in and to Assig- ment given by the Iowa Road Build- ing Company to this bank dated December 16, 1952 in connection with account due them from the City of Dubuque, Iowa. H. M, Johnson, President First National Bank of Fairmont, Minnesota. Councilman Kolb moved that the telegram be received and made a matter of record. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Keith B, Merrill Agency 814.816 Liberty Building Des Moines, Iowa June 4, 1953 City Manager City of Dubuque, Iowa. Re: Iowa Road Building Com- pany Contracts Dear Sir: It is my understanding that cer- tain of the surfacing contracts that were awarded to the Iowa Road Building Company have been ex- tended by the City of Dubuque, Iowa from May 15th to June 15th, and Mr. H, A. Edman of that firm has requested that I write to you giving the surety's approval of this action, You may therefore consider This letter evidence of the Con- sent of the Seaboard Surety Com- pany to the Extension of Time on these contracts. Yours very truly, Seaboard Surety Company, By Keith B. Merrill, Attorney-in-fact. Councilman Schueller moved that the communication be re- ceived and made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, June 9, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Iowa Road Building Com- pany, Fairmont, Minnesota, has as- signed their contract on streets included in their 19521 contract to the Carleton D. Beh Company and the Central National Bank and Trust Company of Des Moines, Iowa. The contracts were assigned to the First National Bank of Fair- mont on December 16, 1952 and notification has been received re- leasing their assigment. I recommend that the City Cuun- cil approve the assignment to Carleton D. Beh Company and the Central National Bank and Trust Company of Des Moines, Iowa on the following contracts between the City of Dubuque and the Iowa Road Building Company: '~ Delaware Street from EPL of Avoca St. to WPL of Algona St. East 26th St, from EPL of Cen- ti°al Ave. to a point 0.7 feet west of the Chicago Great Western Rail- road tracks. East 28th Street from EPL of Central Avenue to CGW Railroad Street. East 29th Street from EPL of Central Avenue to GGW Railroad tracks. Hale Street from EPL of Al- gona St. to WPL of Grandview Ave. Special Session, June 9, 1953 417 Logan Street from SPL of Ply- mouth St. to EPL of Victoria St. Martha Street from WPL of Alta Street to EPL of Booth Street. Muscatine Street from EPL of Gay Street to the end of Musca- tine Street, Nevada Street from SPL of Martha Street to NPL of Univers- ity Avenue, Pinard Street from 150 feet South of SPL of East 30th St, to NPL of East 26th Street. Southern Avenue from WPL of South Locust St. to EPL of Sulli- van Street, Victoria Street from existing pavement to end of street. West Third St, from EPL of Al- gona St. to WPL of Grandview Ave. Booth Street from NPL of Uni- versity Ave, to SPL of Loras Blvd. 3 Respectfully submitted, L, J. SCHILTZ, ~ City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of A, J. Kerper request- ing that a water main be installed to service St, Ann's Subdivision, presented and read, Councilman Kolb moved that a plat and schedule be prepared covering the request, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 271-53 Whereas Dubuque Packing Com- pany has petitioned the Council of the City of Dubuque far author- - ity to excavate a trench in and along the Easterly side of Syca- more Street from the Northeast corner of East 15th Street to the Southeast corner of East 16th Street and in East 16th Street diagonally across the same to the Northwest corner of East 16th and Sycamore Streets for the purpose of supplying water to its plant from a well situated at the North- ; east corner of East 15th and Sycamore Streets: Now, Therefore, Be It Resolved By The Council of the City of Dubuque: Section 1, That Dubuque Packing Company and it is hereby granted the right to construct and main- tain a water line in Sycamore Street and 16th Street in the City of Dubuque from the Northeast corner of East 15th Street to the Northwest corner of East 16th Street in order to supply water to its plant from a well situated upon its property at the Northeast cor- ner of Sycamore Street and East 15th Street upon the following terms and conditions: a, That grantee agrees to con- struct said water line within one year from the date hereof and to pay the entire cost thereof in- cluding the cost of excavation and restoring the surface of the street; b That said water line shall be oonstructed in accordance with plans approved by the City Man- ager and under the supervision and direction of the City Manager and City Engineer; c, That grantee will enter into a contract for the construction of said water line with a qualified contractor, which contract will among other things contain a clause requiring the contractor to obtain all necessary permits, in- cluding excavation permits, re- quired by the City of Dubuque, or any other governmental agency; d. That upon the completion of said water line that the same shall remain the private water line of the grantee and the grantee agrees to maintain the same in such a manner as not to become detri- mental to the public interest; e, That the power herein granted be subject at all times to the right of the City of Dubuque to require the relocation of said line at grantee's expense in the event the same shall become necessary to carry out municipal improvements. Section 2. This Resolution shall be in full force and effect after its final adoption and acceptance of the terms and conditions there- of by the grantee. Approved and ordered placed on file for public inspection this 1st day of June, 1953. 418 Special Session, June 9, 1953 Passed, adopted and approved this 9th day of June, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU 1• RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J, J, SHEA, ;p' City Clerk, _ ACCEPTANCE OF RESOLUTION Dubuque Packing Company does hereby accept the conditions set forth in the foregoing Resolution, adapted by the City Council of the City of Dubuque, on the 9th day of June, 1953, and all of the terms and provisions thereof, Dated at Dubuque, Iowa, this 29th day of June, 1953. Dubuque Packing Company ~ ~ By H. W. Wahlert, Pres. Councilman Kalb moved the adoption of the resolution, Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman ;;i Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- = men Kintzinger, Kolb, Schueller, Welu, Nays-None, J. J. Shea. City Clerk. Approved .................................. 1953 i '' Adopted .................................... 1953 Councilmen: ................................ .,_. Attest : .................................... s'.; ova . City Clerk 4 Special Session, June 16, 1953 419 ~ i~ ~ ~ ~` ~'., r' ~a (OFFICIAL.) Special Session, June 16th, 1953. Council met at 4:30 P.M. Present-Councilmen Kintzinger, Kolb, Schueller, Welu. City Man- . alter Schiltz. Absent-Mayor Austin. Meeting called by order of Coun- cilmen Schueller, Kintzinger and Welu, Councilman Kolb moved that Councilman Welu be appointed Mayor Pro Tem of the meeting, Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Councilmen Kintzinger, Kolb, Schueller, Nays-None, Absent-Mayor Austin, Council- man Welu not voting. Mayor Protem Welu read t h e call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering recommendations submitted by the Planning a n d Zoning Commission and acting on any other business as may proper- ly come before a regular meeting of the City Council. June 10, 1953. 1'o the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The Dubuque Planning & Zoning Commission respectfully recom• mends to your Honorable Body the granting of the petition of John and Rosina Walbrun asking that their property easterly of the nortli end of Brunswick Street-Lot 141 and South ~z Lot 142 of Belmont Addition-be incorporated into the City of Dubuque. Respectfully submitted, Dubuque Planning & Zoning Commission By R, V. McKay, Secretary, Councilman Kolb moved that the recommendation of the Planning and Zoning Commission be ap- proved and proper proceedings prepared, Seconded by Councilman Schueller, Carried by the following vote: Yeak-Mayor Pro Tem Welu, Councilmen Kintzinger, Kolb, Schueller. Nays-None, Absent-Mayor Austin, June 10, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Referring to attached petition of Kirchoff Ice Cream Company dat- ed May 4, 1953, the Planning & Zoning Commission recommends to your Honorable Body that you grant a part of this petition, and extend the present Industrial Dis- trict northerly on Garfield Avenue between Garfield and Milwaukee RR Right-of-Way to include lots 131, 132, 133 and 134 in Ham's Ad- dition. Dubuque has a very limit- ed area for warehouse construc- tion, and this type warehouse should not prove objectionable. Respectfully submitted, Dubuque Planning & Zoning Commission By ,,,,,,..., Secretary R. V, 14IcKay Councilman Kolb moved that the recommendation of the Planning and Zoning Commission be ap- proved and proper proceedings prepared, Seconded by Councilman Schueller. Carried by the following vote: .. Yeas-Mayor Pro Tem W e 1 u, Councilmen Kintzinger, K o 1 b, Schueller, Nays-None. Absent-Mayor Austin. ORDINANCE N0. 41-53 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Pro- vided by Ordinance No. 3-34, Designated the Zoning Ordin• once, so as to Change the herein described Area from Two Family Residence District Classi- fication to Light Industrial District Classification, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the ordinance, Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Pro Tem W e 1 u, Councilmen Kintzinger, K o 1 b, Schueller. Nays-None. Absent-Mayor Austin. f ~~; t`:I ': i ~- _,.~.,~ ~, 6 .,:: I'.-: ~~i~ 420 Special Session, June 16, 1953 Councilman Kolb moved that the ~ rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Kintzinger, Carried by the following vote: Yeas-Mayor Pro Tem W e 1 u, Councilmen Kintzinger, K o 1 b, Schueller. Nays-None. Absent-Mayor Austin, Councilman Kolb moved that the ordinance be placed on file wit h the City Clerk far public inspection for at least one week before final adoption, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Pro Tem W e 1 u, I Councilmen Kintzinger, Ii o 1 b, Schueller. Nays-None. Absent Mayor Austin. RESOLUTION NO. 283-53. A Resolution Setting Time and Place for Hearing on Amendment to Zoning Ordinance. Whereas the Planning and Zon- ing Commission has recommended partial approval of the petition of Kirchoff Ice Cream Company for the change in zoning classification of the following described lots in Ham's Addition; and Whereas before any Amendment to the Zoning Map or Zoning Ordi- nance may 'be adopted a public hearing must be had thereon; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa; Section 1. That a public hearing be had on the proposal to amend the Zoning Ordinance to change the zoning classification of Lots 131 to 134, inclusive in Ham's Addition, from its pres- ent two family residence dis- trict classification to light in- dustrial district classification, on the 6th day of July, 1953 at 7:30 o'clock P.M, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time and place all interested par- ties may be heard; Section 2. That the City Clerk is hereby directed to publish notice of said hearing, once, as provided by Law, at least fifteen days prior to the date set for said hearing. Adopted this 16th day of June, 1953, CLARENCE P. WELU Mayor Pro Tem. RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J.J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution, Second- ed by Mayor Pro Tem Welu. Car- ried by the following vote; Yeas-Mayor Pro Tem W e 1 u, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Austin, Petition o£ the Iowa Road BuIld- ing Company requesting an exten- sion of time until August 15th, 1953 far completion of their contracts covering both the 1952 and 1953 contracts, presented and read. Mayor Pro Tem Welu moved that the request be granted providing the consent of the Bonding Com- pany is secured. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Pro Tem W e 1 u, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Austin. June 12, 1953 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: In the past, it has been the ob- servation of this office that prob- lems have arisen out of the enact- ment of Ordinances providing for the vacation of streets and alleys. Too often, the petitioner fails to provide the plat of the vacated area after the Ordinance is enact- ed. As a result the title remains in the City even though the street is vacated and confusion is gener- ated. I recommend that, in the future, no petition for the vacation of a street or alley be approved on fi- nal hearing unless the petitioner also submits a plat of the area to be vacated assigning lot numbers thereto, Sincerely, T. H, Nelson. i Councilman Kolb moved that the Special Session, June 16, 1953 421 recommendation of City Solicitor Nelson be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Pro Tem W e 1 u, Councllmen Kintzinger, Kolb, Schueller, Nays-None. Absent-Mayor Austin. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Kintzinger. Carried by the follow- . ing vote; Yeas-Mayor Pro Tem W e 1 u, Councilmen Kintzinger, Kolb, Schueller. Nays-None. Absent-Mayor Austin. J. J. SHEA City Clerk, Approved .................................. 1953 Adopted ...................................... 1953 Councilmen: { ................................. Attest: ,.,... ., ........................ City Clerk. 422 Special Session, June 23, 1953 ~;~~"S7 ,~i~",;f~:9'C~', (OFFICIAL,) Special Session, June 23rd, 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 Mayo r 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 considering the bids submitted for various street improvements and acting on any other business as may properly came before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon a proposal to amend the Zoning Ordinance to permit professional offices within certain portions of the Multiple Residence District, presented and read, No written objections filed and no objectors present in the CouncIl Chamber at the time set far said public hearing, Council- man Kolb moved that the proof of publication be received and filed. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDI~AV~C~ iVO. 40-53 An Ordinance Amending the Zoning Ordinance of the City of Dubuque by Repealing Sub- section "j" of Section 1 of Article 4 of the Zoning Or- dinance of the City of Dubuque and Enacting Substitutes Therefor to Authorize Additional Uses in the Multiple Residence District, said ordinance having been passed upon first reading on June 1st, 1953 and ordered placed on file with the City Clerk for public inspection for at least one week before final adop- tion, was presented for final adop- tion, ORDINANCE ND. 40.53 An Ordinance Amending the Zon- ing Ordinance of the City of Dubuque by Repealing Sub-section "j" oY Sec- tion 1 of Article 4 of the Zoning Ordi- nance of the City of Dubuque and En- acting Substitutes Therefor to Author- ize Addiitonal Uses in the Multiple Residence District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BU~UE: Section 1. That Sub-section j of Section 1 of Article 4 of the Ordinance No. 3-34, designated "Zoning Ordi- nance" of the City of Dubuque be and the same is hereby repealed. Section 2. That Section 1 of Arti- cle 4 of Ordinance No. 3-34 is hereby amended by adding a new Sub-section "j" thereto as follows: "j, Professional office or studio of a Physician, surgeon, doctor, dentist, architect, musician, lawyer or similar profession, within the following de- scribed area: Beginning at a point on the east line of Bluff Street one hundred feet north of the north line of West Ninth Street, thence east to the center line of the alley first east of Bluff Street, thence north along the center line of alley first east of Bluff Street to the center line of West Eleventh Street, thence east on the center Line of ~S'est Eleventh Street to the center line of the alley between Locust and Main Streets, thence north on the cen• ter line oP the alley between Main and Locust Streets to a point one hundred feet south of West Fifteenth Street, thence west along a ]lne ono hundred feet south of West Fifteenth Street to the center line of Bluff Street, thence sautl along the cen- ter line of Bluff Street to the canter Line of Loras Boulevard; thence west along the center line of Loras Boule- vard one hundred feet west of the west line of Bluff Street, thence south along a line one hundred feet west and parallel to the west line of Bluff Street to a point one hundred feet north of the north line aP West Ninth Street extended, thence east along a line one hundred feet north of the north line of West Ninth Street extended to a point on the east Line of Bluff Street one hundred feet north of the north line of West Ninth Street which is the point of hegin- ning, and the area further described: Beginning at the point of intersection of the center lines of Loras Boule- vard and Walnut Street, thence east on the center Line of Loras Boulevard to a point one hundred and hventy feet east of east line of Prairie Street, thence south on a line one hundred and twenty feet east of the east line of Prairie Street to the center line of the alley first south of Loras Boulevard, thence west along the center line of the alley first south of Loras Boulevard to the cen- ter line of Prairie Street, thence south along the center line of Prairie Sheet to the Point of intersection of the center lines oY Prairie Street and Chestnut Street, thence west along the center line of Chestnut Street to the point of intersection of the center lines of Chestnut Street and Walnut Street, thence north along the center line of Walnut Street to the center tine of Loras Boulevard, which is the Point of beginning, pro- vided that no goods are Publicly dis- pla3'ed on the Premises, and that no sign or advertisements are shown other than the name and profession of the person using the office or stu- dio, and such sign or nameplate shall not exceed five (5) square feet in area." Section 3. That Section 1 of Artleie 4 of Ordinance No, 3-34 is hereby amended by adding a new sub-section "k" thereto as follows: ~'k. Accessory uses on the same lot customarily incident to any of the above permitted uses." Section 4. This Ordinance shall be The Tele- this 29th J. J. SHEA, lt. June 29 City Clerk, Councilman Kolb moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION fVO, 273-63 (Ordering Cons4rucfion) Be It Resolved By The City Coun= cil Of The City Of Dubuque that pursuant to a resolution of nects! city No, 259-53 which was dull passed by this Council for the improvement of the following por~ tion of the following streets by surfacing the same with Hot Mix'. Hat Laid Asphaltic Concrete, to- wit: Eighth Avenue from the West property line of Central Avenue t4 the North property line of HiL Street. .. ' Hill Street from the South prop erty line of Eighth Avenue to the North property line of West Thira Street. Ninth Street from the East prop erty line of Bluff Street to the West property line of Central Ave nue. Seventh Street from the East pro• perty line of Locust Street to the West property line of Central Ave nue, Sixth Street from the East prop- erty line of Locust Street to the tilJest property line of Central Avd rue. West Eleventh Street from the East property line of Bluff Street to West property line of Central Avenue. West Twelfth Street from the East property line of Main Street to the West property line of Cen• lral Avenue. he and the same are hereby or- dered and constructed by this Coun- cil upon its own motion. All tho work shall be constructed in ac- cordance with the plans and spec ifications hel'etofore adopted ono now on file in the office of th.t City Clerk. Be It Further Resolved that the cost and expense of the said im• provements be paid for by levy` ing special assessments against the privately owned property lying within the assessable distance fro411 the improvements, whether such property abut upon the same of are adjacent thereto, according too the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ment wIll be made to the contrae~ for out of funds realized from the sale of bonds to be issued in an• ticipation of deferred payments_ of assessments as provided by latr after the work has been complettl and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertisy for proposals for the constructiofi of tJle various improvements here- in provided for in the manner pro• vided by law, the said improve ments shall be completed on or lefore the 1st day of October, 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 placed on file for final adoption this 1st day of June, 1953, Passed, adopted and approved this 23rd day of June, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGEn Councilmen. Attest: J, J, SHEA City Clerk, Councilman Welu moved the ad, option of the resolution, Secondet in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 1st day of June 1953.. Rule requiring reading on three sep- arate days suspended by unanimous vote the 1st day of June, 1953, Passed, adopted and approved this 23rd day of June 1953. RUBEN V. AUSTIN, 14Iayor CLARENCE P, `VELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk. Published officially in graph-Herald newspaper day of June, 1953. Special Session, June 23, 1953 423 424 Special Session, June 23, 1953 by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmer! Kintzinger, Kolb, Schueller, Welu ATays--None. Proof of publication, certified to by .the publishers, of notice to contractors of the receipt of pro- posals for the improvement of th+ following portion of the following streets by surfacing the same witl! Hot Mix, Hot Laid Asphaltic Con• Crete, to-wit: Eighth Avenue from the west property line of Central Avenue to the north property line of Hil! Street, Hill Street from the south prop, erty line of Eighth Avenue to th.~ north property line of West Third Street. Ninth Street from the east prop, erty line of Bluff Street to th west property line of Central Ave nue. Seventh Street from the east pro perty line of Locust Street to tl;.+ west property line of Central Ave• nue. . . Sixth Street from the east pro perty line of Locust Street to tl west property line of Central Ave• nue• West Eleventh Street from the east property line of Bluff Streci+ t<~ the west property line of Cen• tral Avenue, West Twelfth Street from the east property line of Main Street td the west property line of Central Avenue, presented and read, Coun- cilman 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, Welu Nays-None. June 23, 195 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Pursuant to your instructions sealed bids were received up tc 10:00 A.M. an June 23, 1953 fog the City of Dubuque 1953 Down town Resurfacing Program. At tached is the tabulation of bid; received. I recommend that the contras be awarded to Iowa Road Build ing Company of Fairmont, Minn ;sota, who submitted the lowest !id received which was 4.63 per gent under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Schueller moved ;hat the recommendation of City 1lanager Schiltz be approved. Sec• anded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 284.33 Whereas, sealed proposals have been submitted by contractors for the improvement of City of Du- buque 1953 Downtown Resurfacing Program pursuant to Resolution No. 273.53 and notice to bidders published in a newspaper publish- ed in said City on June 4th, 1953 and June 5th, 1953 and Whereas, said sealed proposals were opened and read on June 23rd, 1953, and it has been deter- mined that the bid of Iowa Road Building Company of Fairmont, Minnesota in the amount of $130,- 680.11 was the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men, boned improvement be awarded to Iuwa Road Building Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up- on the signing of said contract and the approval of the contrac- tors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Approved and placed on file for one week on June 23rd, 1953• Councilman Schueller moved that the resolution just read being a rESOlution making a contract be naw considered complete in form 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 Special Session, June 23, 1953 425 ~t least one week before final ad- option. Seconded by Councilman Kolb, Carried by the following Vote: Yeas-Mayor Austin, Councilmen • Kintzinger, Kolb, Schueller, Welu• Nays-None. (Ordering Construction) RESOLUTION N0. 274-93. Be I Resolved by he City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 262-53 which was duly passed by this Council, for the im- provement of the following portions of the following named streets by surfacing the same with Class 1 concrete pavement, to-wit: North Algona Street from t h e north property line of Grace ~ Street to the south property line of University Avenue. East Eighth Street from a point 8 feet east of the west property line of Pine Street to the east prop- erty line of Central Avenue. Kirkwood Street from a point 141 feet west of the west property line of Alta Vista Street to the west end of Kirkwood Street be and the same are hereby or• dered and constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk, Be It Resolved by the City Coun- said improvements be paid for by levying special assessments against the privately o w n e d property lying within the as- sessable distance from the im- pr•ovements, whether, such prop- erty 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 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 bylaw after 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- 1 dered and directed to advertise for ( proposals for the construction of the various improvements herein provided far in the manner provid- ed by law, the said improvements shall be completed on or before the 1st day of October, 1953. Be It Further Resolved that this resolution being deemed urgent be in force and effect from and afer its passage and adoption by the City Council. Approved and placed on file for final adoption this 1st day of June, 1953, Passed, adopted and approved this 23rd day of June, 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. Second- ed by Councilman Kolb• Carried by the fallowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of the follow- ing portions of the following named streets 'by surfacing the same with Class 1 concrete pavement, to-wit: North Algona Street from the north property line of Grace Street to the south property line of Uni- versity Avenue. East Eighth Street from a point e feet east of the west property line of Pine Street to the east prop- erty line of Central Avenue. Kirkwood Street from a point 141 feet west of the west property line of Alta Vista Street to the west end of Kirkwood Street, 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, Welu. Nays-None. June 23, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, 426 Special Session, June 23, 1953 sealed bids were received up to 10:00 A.M. on June 23, 1953 for the City of Dtibuque 1953 Concrete Pavement Program No. 1. At- tached is the tabulation of bids re- ceived. I recommend that the contract be awarded to the Thos. Flynn Coal Company who submitted the lowest bid received which w a s 10.95 per cent over the Engineer's estimate and any deficiencies be paid from the Street Construction Fund. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu 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, Welu. Nays-None. (Awarding Cadtract) RESOLUTION NO. 285-53. Whereas sealed proposals have been submitted by contractors for the improvement of the City of Du- buque 1953 Concrete Pavement Program No. i pursuant to Reso- lution No. 274-53 and notice to bid- ders published in a newspaper published in said City on June 4th, 1953 and June 5th, 1953; and Whereas, said sealed proposals were opened and read on June 23rd, 1953, and it has been deter- mined that the bid of Thos, Flynn Coal Company of Dubuque, Iowa in the amount of $53,355,75 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thos. Flynn Coal Company and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work, Be It Further Resolved, that up• on the signing of said contract and the approval of the contractors bond the City Treasurer is author ized and instructed to return the bid deposits of the unsuccessful bidders. Approved and placed on file for one week on June 23rd, 1953. Councilman Kolb moved that the resolution just read being a reso- lution making a contract Abe now considered complete in form for fi- nal passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection far at least one week before final adoption. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 276-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 265--53 which was duly passed by the Council, for the improvement of Rowan Street from the south property line of South Grandview Avenue to the south Corporation Limits with con- crete pavement and integral curb be and the same are hereby ordered and constructed by this Council upon its own motion, 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 improvements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- Special Session, Jtme 23, 1953 427 vided by law, the said improve- ments shall be completed on or be- fore the 1st day of October, 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 placed on file for final adoption this 1st day of June, 1953. Passed, adopted and approved this 23rd day of Jttne, 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 adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Rowan Street from south property line of South Grandview Avenue to the south Corporation Limits with con- crete pavement and integral curb, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Maym~ Austin, Council- men Khttzinger, Kolb, Schueller, Welu, Nays-None. June 23, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on June 23, 1953 for the pavement of Rowan Street, ovith integral curb, from the south property line of South Grandview Avenue to the south corporation limits. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Thos. Flynn Coal Company who submitted the lowest bid received which was 5.11% under the Engineer's esti- mate. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Schueller, Welu, Welu. Nays-None, (Awarding Contract) RESOLUTION NO. 286-53 Whereas, sealed proposals have been submitted by contractors for the improvement of Rowan Street from south property line of South Grandview Avenue to south Cor- poration Limits pursuant to Reso• lution No, 276-53 and notice to bidders published in a newspaper published in said City on June 4th, 1953 and Jnne 5th, 1953, and Whereas, said sealed proposals were opened and read on June 23rd, 1953, and it has been de- termined that the bid of Thos. Flynn Coal Company of Dubuque, Iowa in the amount of $48,436.50 was the lowest bid far the furnish- ing of all labor and materials and performing the wm~k as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thos. Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Approved and placed on file for one week on June 23rd, 1953. Councilman Kolb moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move ,., ~.y ~;' ". ~= y "~ p`; ~. 'i-~ ~ `~' ~;y ~'> ff ,~~ {: ~; . ~~_' 428 Special Session, June 23, 1953 that the same be placed on file with the City Clerk and remain on file far public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mrs. M. Kil- leen in an unstated amount for injuries received in a fall on a defective sidewalk on 16th Street between Iowa Street and Central Avenue, presented and read, Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Cora Holz- schuh in the amount of $21.50 for injuries received due to a defec- tive sidewalk between Jacks Super Market and Radio Shop, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman I{intzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. Notice of Claim of Wilfred J. Andressen in the amount of $16.53 for damages to trousers due to a defective step at the City Hall on Central Avenue entrance, pre- sented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mrs. J. J. Powers in the amount of $22.90 for injuries and for damages to wearing apparel caused by a fall on Eleventh Street, presented and read. Councilman I{olb moved that the Notice of Claim be referred to the City Solicitm~ for investigation and report. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Rose J. Kehoe in the amount of $75.50 for injuries received caused by a break in the pavement at intersection of 12th and Iowa Streets, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of The Inter- national City Managers' Associa- tion extending invitation to the City of Dubuque to be represented by the City Manager at the An- nual Conference of The Inter- national City Managers' Associa- tion to be held at Los Angeles on September 20.24, 1953, presented and read. Councilman Welu moved that City Manager Schiltz be authorized to attend the Conference. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. DUBUQUE WOMAN'S CLUB Dubuque, Iowa June 13, 1953 To the Honorable Mayor and Members of the Dubuque City Council. Gentlemen: The Dubuque Woman's Club, at the June board meeting agreed to petition the City Council to stress safety as a summer project. The clubwomen themselves adopt- ed asafety program. To achieve this objective, mem- bers pledged themselves to drive with extra caution, due to the Special Session, June 23, 1953 429 prevalence of so many small children who, at an instant's no- tice may leave yard or sidewalk to dash into the street after a ball or toy. The members pledged them- selves to urge children not to play in the streets, and especially at hours when traffic is congested. The clubwomen further urged that all parents who live in the vicinity of the city's supervised playgrounds, take advantage of the many facilities offered by the city's recreation program. These playgrounds afford children a safe place to play, and all offer a con- structive program. j Mrs. Anthony Eberhardt was } named Safety Chairman. She has been authorized to work with club members and city authorities to f achieve greater safety for the children of Dubuque. Sincerely, The Dubuque Woman's Club By Mrs. B. A. Ruegnitz, General Club President. Councilman Kolb moved that the ' communication be received a n d made a matter of record. Seconded by Councilman Schueller. Carried by the following vote. j Yeas-Mayor Austin, Councilmen ( Kintzinger, Kolb, Schueller, Welu. # ¢ Nays-None. Councilman Schueller moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to da so, to address the Council. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. `; Nays-None. Communication of Harold Sippel regarding the situation existing on the street known as Meadow Lane and asking that the street be re• paired and that the dust situation be taken care of, presented and read. Mr. Harold Sippel addressed the Council in support of his com- munication. Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kolb. Carried by the ' following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. ~ Nays-None. Communication of D u b u q u e Stock Car Racers, Inc. concerning the transportation of racing stock cars in the city limits and stating that all problems would be solved with the local police department if the City Council would give per- mission to the stack car owners to have a regulation taw bar, guard chain and lights on the rear of the towed car, presented and r e a d. Councilman Welu moved that the communication be referred to the City Manager and Chief of Police. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Rt. Rev. Msgr, J. Fred Kriebs, Pastor, Sacred Heart Church, pertinent to the claim of Sacred Heart Church, Dubuque, Iowa, in the matter of water damage resulting from a plugged sower on Queen and John- son Streets, presented and read. Councilman Welu moved that the communication be referred to the City Solicitor. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of H. J. Halvorsen and others requesting Council to cor- rect the drainage problem on the street between Dillon and State Streets, presented and read. Coun• Gilman Welu moved that the peti• tion be referred to the City Man- agerfor report. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Otto and Pearl J. Spechtenhauser requesting the va• cation of Bauer Street in Burton's Addition from its easterly inter- section with Kaufmann Avenue westerly to the west line of Bur- ton's Addition, which is also the east line of Mineral Lot 337, pre• seated and read. Councilman Schueller moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen .~ ~, s •6:". ~:: ~. ``. ~' .~ ., ~,,, . ~~ i :h }, .; i ~: t ,Pu ~' 3 .; s. .;;ix ~° " just had be considered the first reading of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kalb, Schueller, Welu, Nays-None. Councilman Kolb moved that the rules be suspended requiring an or- dinance be read on three sep- arate days. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public inspea tion for at least one week before final adoption, Seconded by Coun• Gilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 287-53. Resolution Setting Time and Place for Hearing on Amendment to Zoning Ordinance, Whereas the Planning and Zon- ing Commission has recommended partial approval of the petition of Thomas E. Byrne for the change in zoning classification of the fol- lowing described property; and Whereas before any Amendment to the Zoning May or Zoning Ordi- nonce may be adapted a public hearing must be had thereon; 1~'ow Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing be had on the proposal to amend Ure Zoning May and Zoning Ordi- nance to change the zoning classi- fication from its present Two-Farn- ily Residence District Classifica- tion to Local Business District Classification, the property de- scribed as follows; Beginning at a point 168 feet west of the east line of Lot One of Loi 2 of Lot One of Lot One of Min- eral Lot 67 where same intersects with, the north line of Dodge Street, thence northerly 250 feet, thence westerly along a line parallel to the north line of Dodge Street 490 feet, thence southerly 100 feet to connect with the present L o c a l Business District; Special Session, June 23rd, 1953 431 Seetion 2. That said hearing be held on the 15th day of July, 1953, at 7:30 o'clock P,M, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time and place all interested parties may be heard; Section 3. That the City Clerk is hereby directed to publish notice of said hearing once as provided by Law, at least fifteen days prior to the date set for said hearing. Adopted this 23rd day of June, 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 adoption of the resolution. Second- ed by Councilman Kalb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu._ Nays-None. Report of the Board of Review for the 1953 session, presented and read, Councilman Kolb moved that the Report of the Board of Review be received and placed on file, Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Returns of service, subscribed and sworn to, by City Clerk Shea of notices served upon property owners to make sewer and water connections on the following streets: Abbott Street; Bunker Hill Street; Edith Street; Finley Street; Link Street; Mantcrest Street; Prescott Street; Primrose Street; Ramona Street; St. Ambrose Street; Seminary Street, Stetmore Street; Sunnyview Drive; Wes t 16th Street, presented and read, Councilman Kolb moved that the Returns of service by received and placed on file. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of statement of receipts and also list of claims for which warrants were drawn during the months of April, 1953 and May, 1953, presented and read, Council- man Kolb moved that the proofs of publication be received and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Dubuque Park Board Dubuque, Iowa June il, 1953. Tc the Honorable Mayor City Council City Manager Gentlemen: The Park Board of the City of Dubuque reviewed the petition sub• nutted to the Council requesting planting of Parkings located on ~T~indsor Avenue. In the past efforts have been made to improve this property with floral and evergreen planting, and such action has been unsuccessful due to the following conditions, A-Lack of water sup- ply system in parkings. (Plant life cannot survive drought w i t h o u t avaIlable moisture,) B-Trees bor- dering Parkway, (The elm trees have attained a size whereby two necessary plant requirements are shut off, namely, sun and light.) The root system from the elms ex- tend into the Parkings taking fur- ther toll by absorbing food a n d moisture, C-Unsatisfactory T e r- rain, (The Parkings are located on a slope whereby normal moisture from rainfall is lost due to run-off, and sod alone cannot be k e p t alive.) D-Width of street between curb and Parking. The traffic area is too narrow for cars to pass in safety, and experience has shown no hesitation on the part of the motorist to drive on the Parking, whether or not there be planting at that particular spot, E-The col- lection of snow and ice at times force traffic to use the Parkings during the winter as part of the street, causing deep ruts to form and damage or loss to any plant life. In view of the prevaIling condi- tions the Board does not deem it 430 Special Session, June 23rd, 1953 Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Emil L. Ploessl and others requesting the installation of a sanitary sewer to serve the resi- dences of the 2200 block situated on the northerly side of Rhomberg Avenue, presented and read. City Manager Schiltz recommended that a study be made of this request and if possible to construct said sewer that a plat and schedule be prepared. Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Clarence J, Arlen and others, residents of Asbury Road, requesting the extension of the wa- ter main to service their property, presented and read. Councilman Welu moved that the petition be referred to the City Manager, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Mr, and Mrs, W. F, Pape and others requesting the va- cation of the alley adjoining their property in the 600 block on West 16th Street and divide it equally between the property owners ad- joining it, provided the alley run- ning from the 600 block of West 17th Street to West 16th Street is vacated, presented and read. Coun- cilman Schueller moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Wehi. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 41-53 An Ordinance amending and changing the Zoning Map of the -City of Dubuque, as pro vided by Ordinance No. 3-34 designated the Zoning Ordin ante, so as to change the hereir. described area from Two-family Residence District Classification to ,Local Business District Classifica• tion, presented and read. Councff• man Kolb moved that the readinf 432 Special Session, June 23rd, 1953 advisable to appropriate funds in developing this area, Sincerely yours Dubuque Park Board Art M. Bennett Chairman. Lea J. Clemens Secretary, Councilman Kolb moved that the communication of the Dubuque Park Board be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, June 10, 1953. Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Frances Holes for a fractured wrist resulting from a fall on an icy sidewalk on Decem- ber 12, 1952, has been referred to this office, I have discussed the matter with the attorney for Mrs. Holes and she has agreed to accept $75,00 in full settlement. I recommend that tius settlement be approved a n d that the Auditor be instructed to issue a warrant to Mrs, Frances Holes in the amount of $75.00 and to deliver the same upon receipt of a properly executed release. Respectfully, T. H. Nelson. Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed to draw a war- rant in the amount of $75.00 in fa- vor of Mrs, Frances Holes, as set- tlement in full of her claim, and than, said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Kintzin- ger. Carried by the fallowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, June 17, 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 Wrorks for the month of May 1953, as well as list of claims and list of payrolls for which warrants were issued for the month of May 1953, Respectfully su'bmitfed, L. J. Schiltz, City Manager. Councilman Schueller moved that the reports be received and placed an file, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-Novo, June 9, 1953, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The city forces have taken over the collection of garbage in the city of Dubuque effective a f t e r June 6, 1953. Charles H. Rhomberg has satis- factorily performed and completed his obligations under the garbage contract dated August 29, 1949. I recommend that the Performance Bond of Charles H, Rhomberg fur- nished to the city of Dubuque un- der terms of the Garbage Contract be released. Respectfully submitted, L, J. Schiltz, City Manager. Councilman Kolb moved that the ' recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried 'by the fallowing vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTIOPI N0. 288-53. Whereas, on June 2, 1953, pursu- ant to authority granted by the City Council an June 1, 1953, the City Manager entered into an agreement on behalf of the City of Dubuque, with Charles H. Rhom- berg, which agreement recited the execution of a "Garbage Contract" between the parties in which Charles H. Rhomberg agreed to collect and dispose of garbage within the City of Dubuque during the five year period from October 1, 1949 to October 1, 1954; and Whereas, said agreement further recites the recent enactment of legislation by the State of Iowa which Charles H. Rhomberg con- Special Session, Tune 23rd, 193 433 tends legally excuses him from the performance of the obligation of said "Garbage Contract"; and Whereas, in settlement of said contention and further in consider- ation of the public health, safety and welfare, said agreement fur- ther provides the terms and con- ditions of the termination of said "Garbage Contract"; and Whereas, the City Manager has reported to the City Council that pursuant to said agreement t h e i City has commenced the collection of garbage within the City as of June 7, 1953 and that Charles H. Rhaml;erg has satisfactorily per- i formed and completed his obliga- tiara under said "Garbage Con- tract"; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: I Section 1. That the report of the City Manager is hereby approved; Section 2, That the "Garbage Contract" dated August 29, 1949 between the City of Dubuque, Iowa and Charles H. Rhomberg is here- by terminated; that the parties thereto are hereby released from all liability thereunder from and after June 6, 1953, and the per- - formance bond of the said Charles H. Rhomberg in the amount of $25,000 is hereby discharged and the Indemnity Insurance Company of North America is hereby re- leased as surety thereon as of June 7, 1953; Section 3. That the Mayor and ,` City Clerk are hereby authorized f to execute any and all documents ` or other writings necessary to ter- minute said "Garbage Contract", discharge the bond and release the principal and surety thereon, all to = be effective as of June 7, 1953; Section 4. That this. Resolution shall be in full force and effect im- mediately upon its final passage and adoption. Passed, adopted and approved ~ the 23rd day of Jame, A.D. 1953. RUBEN V, AUSTIN Mayor. CLARENCE P, WELD' f RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas--:4Iayor Austin, CouncIlmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of H & W Motor Ex- press requesting the possibility of eliminating parking on one side of East 30th Street from Jackson to Central was referred to the City Manager and Police Traffic De- partment for investigation and re- port. In view of the fact that we have requested the H & W Company to use the marked highway through the city, which in this case is Cen- tral Avenue, and 30th Street being the closest access to their termi- nal, it is recommended that park- ing be eliminated on the north side of East 30th Street from, Jackson Street to Central Avenue, Respectfully submitted, L. J, Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved and prop- er proceedings prepared. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953. T'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of R, F. Davidsaver and others with reference to speed- ing in the alley from Fourth and Fifth Streets between Locust and Bluff was referred to the City Man- ager, An investigation was made of conditions in this alley and it is hard to imagine speeding would be a problem as the alley is quite rough. It is evident that vehicles traveling this alley stir up consid- erable dust which evidently is the main cause of complaint. I would recommend that if the residents of. property adjoining this alley desire to eliminate the dusty condition that they petition the City X34 Special Session, June 23rd, 1953 Council for surfacing with s o m e type of permanent surface. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu mgved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The matter of providing a road from Hawthorne Street to the Du- buque Sports Bowl was referred to the City Manager and City Solici- tor to confer with the Dock Board and submit a report back to the City Council. After making; an investigation of the request of the Dubuque Sports Bowl Association, it was found that all that was necessary was the reshaping of the access road with a motor patrol. This work has been accomplished. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the communication of City Man- ager Schiltz be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953. To the Honorablo Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of C. Francis Barker and others requesting the construc- tion of a storm sewer from Finley Street to the proposed Bunker Hill Street was referred to the City Manager. At the time that curb and gut- ter is constructed on Finley Street, provision will be made for storm water to be discharged in the alley from Finley Street to Bunker Hill Street. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Weiu moved that the communication of City Manager Schiltz be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mrs. John Pot- ras and others requesting the er- ection of traffic lights at the cor- ner of Sixteenth and West Locust was referred to the City Manager and Police Department for recom- mendation and report, The Police Department made a study of this intersection during different periods of the day and on different days in order to get a true picture of the conditions as they exist. According to the traffic, no warrant exists for a traffic light at this intersection. In regard to the speed of ve- hicles at this intersection, a check was made with our radar requip- ment and shows the following in- formation; No vehicle exceeded 32 miles per hour with only five in excess of 30 miles per hour; 66 ve- hicles traveled between 25 and 30 miles per hour; 182 vehicles be- tween 20 and 25 miles per hour; 202 vehicles, less than 20 miles per hour. The curve at this location tends to keep vehicles from traveling at excess speed and it is probably the squealing of tires that gives the impression to residents that ve- hicles are traveling at excessive speeds. During one of the days traffic was being checked it was found that all vehicles traveling in excess of 22 miles per hour squeal their tires as they rounded the curve. It is recommended that the re- quest for traffic light at this in- terseetion be denied because no warrant exists for a traffic light at this intersection. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Special Session, Tune 23rd, 1953 435 Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Some time ago the petition of Mrs. Pearl Sowle and others pe- titioning the City Council for the installation of street lights on Bue- na Vista Street was received by the Council. The petition was filed without any action. I have investigated the need for street lights on Buena Vista Street and recommend that one be in- stalled at the intersection of Strauss and Buena Vista Streets and at the south end of the street where it intersects with the alley. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 11, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: During the month of July, En- gine House No. 4 on University and Atlantic will be ready for oc- cupancy. The city property which houses the Engine Company number 4 will be vacated and not of any use to the city. Because of the traffic conditions at this location and the condition of the building, a decision should be made as to demolition of the building and the city retaining pos- session of the property for park purposes. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved and that pro- per proceedings be instituted for the demolition of the building. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. June 18, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Charles P. Mettel and others requesting that t h e parkway on Windsor Avenue be maintained in shrubbery and flow- ers was referred to the City Coun- cil and Park Board to view the grounds. The decision of the Park Board stated in a communication ad- dressed to the City Council that be- cause of a lack of water facilities in the parkway it is impossible to maintain flowers; also the shade condition on this street is such that flowers or shrubs wIll not grow properly and because of the nar- rowness of the street, vehicles travel on the parkway during the winter months destroying a n y shrubbery that would be planted thereon. The City Council is of the opin- ion that a 16' roadway on that side of the parkway is inadequate far the amount of traffic and is par- ticularly hazardous in the winter- time when snow and ice are on the street. In 1948, a recommendation was made to remove the center park- way in this section of Windsor Ave- nue from Davis Street to the Lin- wood Cemetery entrance and the need for the removal of this park- way is greater at the present time because of the increased traffic. It is, therefore, the decision of the Council that the necessary stops be taken to remove this parkway, thereby eliminating the traffic hazard. I recommend that the decision of the Council be con- firmed. Respectfully submitted, L. J, Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kintzinger. i f:.. s+~t ";- Fr': a ;' a- ~, ,,~, . ~!:> , ~' ;: ~.:~, 436 Special Session, June 23rd, 1953 Carried by the following vote: ~ Yeas-.Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 18, 1953. To the Honorable Mayor Dubuque, Iowa. Gentlemen; In 1946 the city had plans pre- pared for a sewage disposal plant to be located on city owned proper- ty south of Railroad Avenue. Since ' that time the city has annexed a considerable area in the westerly portion of the city, but does not have sewer facilities. Sewer facilities could be provid- ed by the installation of lift sta- tions to pump the sewage into the existing sanitary sewer system, It is possible that the site for the sewage disposal plant could be moved so that a new intercepter sewer could be constructed from a westerly portion of the city to the sewage disposal plant. This would eliminate the necessity of several new lift stations, also could elimi- nate some of our present lift sta- tions and eliminate the necessity of rebuilding some of our present sanitary sewers which are now used in excess of their capcity. I recommend that the City Man- ager be authorized to have re- study made of our sewage disposal plant location, this study to include recommendations regarding the handling of all industrial waste treatment at the city plant, also cost estimates for the construction of the sewage disposal plant and intercepting sewers that will be re- quired. The cost of this report should not exceed $3,000.00. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 18, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: After the Police Department has investigated the traffic conditions on Hlll Street between West Third and Dodge, they have recommend- ed that Hill Street be designated a through street from West Third to Dodge Street. I conour in this recommendation and recommend that Schedule II of Ordinance No. 33-49 be amended to include all of Hill Street as a through street. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved and proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, June 18, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Wflliam J. Hohn- ecker, Jr., and others regarding the petition for the vacation of an alley in Yates Subdivision between Lots 12 and 13, tugether with the communication of the Planning and Zoning Commission recom- mending the granting of the peti- tion for the vacation of the alley was referred to the City Council to view the grounds. The decision of the Council after viewing the grounds was that the recommendation of the Planning and Zoning Commission to vacate the alley be approved. I recommend that the decision of the Council be approved and that the petitioners submit a plat divid- ing the alley into lots before final action is taken to vacate the alley. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and proper proceedings prepared. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Special Session, June 23rd, 1953 437 June 18, 1953. To the Honorable Mayor and City Council, ~ Dubuque, Iowa. Gentlemen: The petition of Klauer Manufac- turing Company requesting permis- sion to erect and maintain an over- ' head conveyor across East Ninth Street was referred to the City Manager. I have investigated the effect of constructing this conveyor a n d find that it will not interfere with use of the street by the public. ~ I, therefore, recommend that the request l:e granted Klauer Manu- facturing Company to construct a conveyor across East Ninth Street at a point approximately 167 feet east of the east property line of Washington Street. This approval 1 is contingent upon the Interstate Power Company agreeing to move the power lines, and also that de- tailed construction plan be submit- ted to the Building Commissionel•. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved and prop- er proceedings prepared. Seconded by Councilman Kolb. Carried 'by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 22, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: During the last few years many property owners and the city have ~ spent thousands of dollars repair- ing sidewalks and curbs damaged from tree roots. i With our narrow streets the side- , walks necessarily are constructed ~ close to the curb. Property own- ers plant trees in the narrow park- -- way and when the tree is mature the roots gradually raise the side- i walk and push out the curb. 1 This condition will be increased as time elapses and in new dis• tricts we will eventually have the same problem. Also with utility lines installed along the street it becomes necessary to trim trees unevenly and the trees 9nterfere with the utility service, Traffic is also hampered with low hanging branches. I recommend that consideration be given to restrict the planting of trees between the curbs and sidewalk. This would eliminate the expense of replacing sidewalks, curbs and reduce tree trimming for utility lines and street traffic. With trees along the property line or inside the sidewalk, the street would have a much wider and neater appearance. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. June 22, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policy and bonds and desire to have your ap- proval on same far filing, subject to the approval of the City Solici• tor: EXCAVATION M. L. Gaber & Co., 2396 Cen- tral Avenue, Policy No. MPL 63717, Bituminous Casualty Corp. SH)EWALK Ray McDonald, Hawkeye-Secur- ity Ins. Co. Norbert Freiburger, Western Surety Co. Dallas M. Bush, Western Surety Ca. Dell Sage, Western Surety Co. Julius Abitz, U. S. Fidelity & Guaranty Co. John Beauchamp, Hartford Ac- cident & Indemnity Co. Dan W. Schmalz (Pre-cast Con• Crete Mfg. Co.), U. S. Fidelity & Guaranty Co. Doranee Coyle (Coyle Construc- tion Co. ), Hawkeye-Security Ins. Co. Schueller & Co., Western Surety Ca. Respectfully submitted, City Manger. L. J. Schiltz 43Q Special Session, June 23, 1953 Councilman Kolb moved that 35 relating to the fees charged far ponds and policy be placed on file beer licenses wIll conform to the b subject to the approval of the City Code of Iowa, I recommend that ; ' Solicitor. Seconded by Councilman the attached ordinance be ap- °'~ Schueller. Carried by the follow- proved. ing vote: Respectfully submitted, Yeas-Mayor Austin, Councilmen L, J. Schiltz, Kintzinger, Kolb, Schueller, Welu. City Manager. Nays-None. Councilman Kolb moved that the June 18, 1953. recommendation of City Manager Ta the Honorable Mayor Schiltz be approved. Seconded by V and City Council, Councilman Schueller. Carried by ~ `i Dubuque, Iowa, the following vote; yeas-Mayor Austin, Councilmen Gentlemen; The property owner of Lot 253, Kintzin er Kolb Schueller Welu, g > ` Woodlawn Park Addition, has been Nays-None. _ requested to construct a sidewalk ®RDIN,4NCE N0. 43-53 abutting his lot on Alta Place and An Ordinance amending Or- m ~- Fillmore Street. dinance No. 9-35 by repeal- .~ The property owner has not com- ing Section 15 thereof relat- plied with our request and, Ithere- ing to fees and enacting asub- fore recommend that the City stitute therefor, presented a n d Council direct the construction of a read. Councilman Kolb moved that €3~:;` sidewalk along this property and the reading just had be considered assess the cost of construction the first reading of the ordinance. a against the property. Seconded by Councilman Kintzin- ,; Respectfully submitted, ger. Carried by the fallowing vote; _ 5 „. L. J. Schiltz, Yeas-Mayor Austin, Councilmen t.I' City Manager. Kintzinger, Kolb, Schueller, Welu. Miss Arline Dieterich addressed Nays-None. ;--. v the Council with reference to no- Councilman Kolb moved that ry tice to construct a sidewalk abut- the rules be suspended requiring f ting Lot 253 Woodlawn Park Addi- an ordinance to be read on three ` tion and stating that they will con- separate days. Seconded by Coun- ~#u: struct a sidewalk when the trees Gilman Kintzinger. Carried by the in the sidewalk space have been following vote: removed and further inquiring as yeas-Mayor Austin, Council• to why the other property owners men Kintzinger, Kolb, Schueller, in this vicinity have not been re- Welu. quested to construct sidewalks also Nays-None. stating that a very bad depression 43-53. ORDINANCE N0 exists in street caused by an exca- vation being made and not being , An Ordinance Amendin Or- g properly back filled. Councilman nonce No. 9-35 by Repealing Sec- Schueller moved that the common- tion 15 Thereof Relating to Fees ication of City Manager Schiltz, to- and Enacting a Substitute There- gether with the matter of construc- fare tion of other sidewalks in this vi- . cinity, the removal of trees in the Be It Ordained by the City Coun- _ - sidewalk space and the depression Gil of the City of Dubuque, Iowa: in the street, be referred to the Section 1. That Section 15 of Or- City Council to view the grounds. dunce No. 9-35 relating to fees Seconded by Councilman Kintzin- be and the same is hereby re- ger. Carried by the following vote: pealed and the fallowing enacted Yeas-Mayor Austin, Councilmen in lieu thereof: Kintzinger, Kolb, Schueller, Welu. That from and after "Section 15 Nays-None. June 18, 1953, . the 1st day of July, 1953, the follow- To the Honorable Mayor ing permit fees shall be exacted " and City Council, and paid in advance for Class "B ^ Dubuque, Iowa. and Class "C" permits: .- Gentlemen: (A) For a Class "C" permit, `i.„` .,,j In order that Ordinance No, 9- Twenty-five Dollars ($25); Special Session, June 23, 1953 439 (B) For a Class "B" tavern per- mit Two Hundred Dollars ($200); (C) For a Class "B" club permit Three Hundred Dollars ($300); (D) For a class "B" golf or coun- try club permit Fifty Dollars ($50) for each six months' period; (E) For a Class "B" hotel per- mit when the hotel has two hun- dred fifty guest rooms or more, Two Hundred Fifty Dollars ($250); (F) Far a Class "B" hotel per- mit when the hotel has more than one hundred and less than two hun- dred fifty guest rooms, One Hun- dred Fifty Dollars ($150); (G) For a Class "B" hotel per- mit when the hotel has one hun- dred guest rooms or less, One Hun- dred Dollars ($100)." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed and adopted this 23rd day of June, A.D. 1953. RUBEN V. AUSTIN Mayor. CLAREN'CE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest: J. J. SHEA City Clerk. Published officially in The Tele- graph-Herald newspaper this 29th day of June, 1953. J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. June 23, 1953. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise you that the construction of an 6" Sanitary Sew- er in Edith Street from the pres- ent Manhole in Brunswick Street to 124 feet west under construction by the Larson Construction Com- pany has been completed in ac- cordance with the plans and speei- fications. I, therefore, recommend the ac- ceptance of this work, Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. FIN,4L ESTIM,4TE CITY OF DUBUQUE, IOW,4 RESOLUTION NO, 289-53. Whereas, the contract for the construction of a six (6) inch sani- tary sewer in and along Edith Street from the existing manhole at intersection of Edith Street and Brunswick Street to a point 124 feet west has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $827.33, That $780.42 of the cost thereof shall be assessable upon private property and $46.91 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 23rd day of June 1953. RUBEN V. AUSTIN Mayor. CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGE~R Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councilmen Kintzinger, I{olb, Schueller, Welu. Nays-None. (A Resolution Accepting Improve~ meet and Directine~ the Clerk to Publish Notice,) City of Dubuque, Iowa RESOLUTION N0, 290-53 Whereas, the contract for the construction of a six inch sanitary -I 440 Special Session, June 23, 1953 sewer in and along Edith Street Whereas on the 14th day of and Brunswick Street to a point August, 1952, the City Council of 124 feet west has been completed the City of Dubuque adopted and the City Manager has ex- Resolution No. 627-52, requiring amined the work and filed his the connection from sewer and certificate stating that the same water mains to be made by the ~a}„ _, has been completed according to abutting property owners on the the terms of the contract, plans following named portions of the i and specifications and recom- following named streets: r; mends its acceptance, now there- Pinard Street and j`--j" fore, Whereas, after notice given in t''` ' Be It Resolved by the City accordance with said Resolution, Council of the City of Dubuque, the hereinafter named property ~ Iowa, that the recommendation of owners failed to make said con- ;':' the City Manager be approved and nections within the time pre- that said improvement be and the scribed in said notice and Reso- same is hereby accepted and the lution; and City Engineer be and he is hereby Whereas, pursuant to said Reso- directed to prepare a plat and lution the City Manager pro- - schedule showing the lots or par- ceeded to have said connection cels of real estate subject to as- made upon a contract made and sessment for said improvement entered into for that purpose and and file the same in the office of has certified the cost thereof to the City Clerk subject to public the City Council; inspection and said Clerk shall Now Therefore, Be It Resolved upon receipt of such plat and by the City Council of the City `_ .. °` schedule publish the notice of the of Dubuque, Iowa: ' , Council's intention to levy special Section 1. That a special assess- t` ~ assessments therefore, as required went be and the same is hereby by law. levied against the following de- ~~ Be It Further Resolved, that the scribed real estate in the amounts City Treasurer be and he is here- shown in the fallowing list, which by directed to pay to the contractor amounts are hereby determined j v' from the funds to be realized from to be the cost of making such con- the sale of sewer bonds issued nections, to-wit: upon the above described improve- Robert J, & Bernice Han- rv, ;,,; ment in amount equal to the cock, West 75' of Lot 3 & a`' amount of his contract. West 75' of Lot 4 in the ~~' `` ~ ,;, Passed adopted and approved West View Addition......... $148,00 , ~ `"` this 23rd day of June, 1953. Section 2. That the City Clerk Approved: be and he is hereby directed to ~ RUBEN V. AUSTIN certify said cost and said special '= Mayor assessments to the County Auditor CLARENCE P, WELU and they shall then be collected RAY F. KOLB with and in the same manner as LEO N. SCHUELLER general property taxes; CHARLES A. KINTZINGER Section 3, This Resolution shall Councilmen be in full force and effect from Attest: J. J. SHEA, and after its final passage and City Clerk, adoption as provided by law, Councilman Welu moved the Passed, adapted and approved adoption of the resolution. Sec- this 23rd day of June, 1953, onded by Councilman Kolb, Car- RUBEN V. AUSTIN ried by the following vote; Mayor Yeas-Mayor Austin Council- CLARENCE P. WELU , men Kintzinger, Kolb, Schueller, RAY F. KOLB SCHUELLER LEO N ~ Welu. Nays-None. , CHARLES A. KINTZINGER ' ,' Councilmen '~~~~~~~° ~ RESOLUTION N0. 291-63 Attest; J. J, SHEA, Resolution Making Special As- City Clerk. sessment Against Certain Lots far Councilman Welu moved the }. ~ , the Cast of Installing Sewer and adoption of the resolution. Sec- Water Connections, onded by Councilman Kolb, Car- - ,; °- ;. Special Session, June 23, 193 441 ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 292-53 Resolution Annexing Lot 141 and the South ~z of Lot 142 of Belmont Addition. Whereas John Walbrun and Rosina Walburn, who constitute all of the owners of the following described territory, have made ap- plication to the City Council of the City of Dubuque, in writing, requesting that the following described property be annexed to the City of Dubuque and have at- tached aplat to said application showing the situation of said real estate with reference to the ex- isting limits of the City of Du- buque and showing the same to be contiguous thereto; and Whereas the Planning and Zon- ing Commission has recommended the granting of said petition; Now Therefore, be it Resolved by the City Council of the City of Dubuque: Section 1. That the City Council of the City of Dubuque does here- by assent to said application and that Lot 141 and the South '/z of Lot 142 of Belmont Addition in the Southwest '/a of Section 12, Township 89, North, Range 2 East of the 5th P,M, in Dubuque County, Iowa, shall hereafter be and become a part of the City of Dubuque, Iowa: Section 2. That this Resolution shall be in full force and effect from and after its final passage and adoption; Section 3, That the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque ' County, Iowa. Passed, adopted and approved this 23rd day of June, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZIlVGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. June 23, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; At the time the city annexed the area in the westerly part of the city," Dubuque County hold title to two strips of land which were deeded to the county for road purposes. The County has deeded this property to the city for street purposes and has agreed to surface them with crushed rock, I recommend that these streets be accepted by the City Council. Attached are the deeds and agreement to surface the streets. 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, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 44-53 An Ordinance establishing Lot 2 of Chaney Place as a public street from Hillcrest Road to Pennsylvania Avenue to be known as Chaney Road, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordiance. Seconded by Councilman Schuel- ler. Carried by the following vote; Yeas-Mayor Austin, Council• men Kintzinger, Kalb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 4453 V~hereaa the Board of Superviaora 442 Special Session, June 23, 1953 ; of Dubuque county, Iowa, have ae- separate days. Seconded by Coun- , livered deed quit claiming to the city Gilman Schueller. Carried by the of Dubuque, all rtght, title and in- terest in and to Lot 2 of Chaney following Vote: Place in the City of Dubuque, Iowa; yeas-Mayor AUStIn, COUIICIl• anVtereas said property was ac- men Kintzinger, Kolb, Schueller, quirerl by Dubuque County for apub- WeIU. ` lic road; and Whereas said Board has agreed to t Nays-None, construct and surface a road on said ORDINANCE NO. 45.53 ~ ' lot; Now Therefore, Be It Ordained by Whereas the Board of Supervisors have de- of llubuque County Iowa ~':.' - _ the City Council of the City of Du- , , livered deed quit claiming to the i ' •= -` bugtte, Iowa: That the City of Du- Section 1 City of Dubuque all right, title and a ° ` . buque hereby accepts said quit claim interest in and to: Lot 2 of 1 of 1 of 1 of 2 of John P. aced: Section 2. That said Lot 2 of Cha- Mettel's Subdivision. Lot 2 of 2 of 1 ; Mettel's Sub- of 1 of 2 of John P ney Place be and the same is hereby stablished as a public street from , division, Lot 2 of 3 oP 1 of 1 oP 2 of ? e Hillcrest Road to Pennsylvania Ave- John P. Njettel's Subdivision, in the ' Iowa; and City of Dubuque nue to be known as Chaney Road; This Ordinance shall be Section 3 , Whereas said property was acquired . in full force and effect from and by Dubuque County for a public road; after its final passage, adoption and ublication as by law provided. and Whereas said Board has agreed to ~ , ` p Introduced the 23rd clay of June, 1 t struct and surface a road on said v , ,~ , _ 1953. Rule requiring reading on three sep- Now Therefore, Be It Ordained by the City Council of the City of Du- ~, j. crate days suspended by unanitnoua vote the 23rd day of June, 1963, buque, Iowa; ?' Passed, adopted and approved this Section 1. That the City of Du- bugtte hereby accepts said quit claim i'. ' -` 23rd clay of June, 1953. RUBEN V. AIISTIN, Mayor CLARENCE P. WELU deed; Section 2. That the above described . . RAY F. KOLB property be and the same is hereby established as a public street to be ' y LEO N. SCHUELLER CHARLES A KINTZINGER hereafter known as Green Street ~ " Councilmen from the present terminus of Green ' Attest: J. J. Shea City Clerk Street to Pennsylvania Avenue; Section 3. This Ordinance shall he Published officially in The Tele- graph-Herald newspaper this 29th in full force and effect Prom and after its final passage, adoption and day rf June, 1953, J. J, SHEA, publication as by law provtded. Introduced the 23rd day of June, i"' ' It June 29 C1ty Clerk COUI1CIlman Kolb mOVed the 1953. , Rule requiring reading on three t adoption of the ordinance. Sec- separate days suspended by unant- ,Woos vote the 23rd day oY June, 1963. 4 Onded by COUriCllman SC11ue110T. Passed, adopted and approved this Carried by the f0110W1rig Vote: 23rd day of June, 1953. RUBEN V. AUSTIN, Mayor Yeas-Mayor AUStIn, CODUCII- CLARENCE P. WELU men Kintzin er, Kolb, Schueller, g RAY F. KOLB LEO N. SCHUELLER Welu CHARLES A. KINTZINGER . Nays-None. Councilmen Attest: J. J. snea J; `; ORDINANCE N0. 45-53 City Clerk i Published officially in The Tele. An Ordinance eStabllShlrig LOt graph-Herald newspaper this 29th 2 of 1 of 1 of 1 of 2 of John P, day of June, 1x53, J J. sxEA, 1' Mettel's Subdivision, Ltrt 2 of 2 It June 2s City Clerk of 1 of 1 of 2 of John P. Mettel's Councilman Kolb moved the Subdivision, Lot 2 of 3 of i of 1 adoption of the ordinance. Sec• of 2 of John P. Mettel's Subdivision ended by Councilman Schueller. ,~ ; as a public street to be known as Carried by the following vote: ¢;; Green Street from the present Yeas-Mayor Austin, Council- terminus of Green Street to Penn- men Kintzinger, Kolb, Schueller, Sylvania Avenue, presented and Welu. read. Nays-None. ~ Councilman Kolb moved that ORDINANCE N0. 4b-53 the reading just had be considered An Ordinance establishing a the first reading of the ordinance. grade on Chaney Road from the 1 Seconded by Councilman Schueller, south property line of Hillcrest Carried by the following vote: Road to center line of Pennsyl- Yeas-Mayor Austin, Council- vania Avenue, presented and read. men Kintzinger, Kolb, Schueller, Councilman Kolb moved that ` Welu. the reading just had be considered -' Nays-None, the first reading of the ordinance. Councilman Kolb moved that Seconded by Councilman Kintzin- the rules be suspended requiring ger. Carried by the fallowing vote: g,.=`: an ordinance to be read on three Yeas-Mayor Austin, Council- Special Session, June 23, 1953 443 men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, I{orb, Schueller, Welu. Nays-None. ORDINANCE N0. 45.53 An Ordinance Establishing a Grade on Chaney Road from the South Property Line of Hillcrest Road to Center Line of Pennsylvania Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Chaney Road from the south property line of Hillcrest Road to center line of Penn- sylvania Avenue be and the same is hereby established and adapted as shown by the profile of said street and grade prepared by the City En- gineer, being profile number 1390. Bench Mark: Railroad Spike in power pole northwest corner of Chaney Road and Hillcrest Road, Elevation 881.46. Said grade begins at the south prop- erty line of Hillcrest Road which is station 0+00, east and west curb ele- vation 8822.50, thence to station 0}50, east and west curb elevation 883.00, thence to station 1+00, east and west curb elevation 883.225, thence to sta- tion 1}50, east and west curb eleva- tion 833.00, thence to station 4+00, east and west curb elevation SS0.50, thence to station 6}00, east and west curb elevation 878.46, thence to sta- tion 6}00, east and west curb eleva- tion 574.34, thence to station 9}00, east and west curb elevation 858.56, thence to station 10}00, east and west curb elevation 853,70, thence to sta- tion L6}12, east and west curb ele- vation 822.12, thence to station 17}12, east and `vest curb elevation 818.00, thence to station 18}12, east and west curb elevat[on 81 .96, thence to station 1S}44 which is the center line of Pennsylvania Avenue, east and roest curb elevation 516.64. Section 2. This Ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved June 23rd, 1953, RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. I{OLB LEO N. SCHUELLER CHARLES A. IINTZINGER Councilmen Attest: J. J. Shea City Clerlc Published officially in The Tele- graph-Herald newspaper this 29th day of Juno, 1953. J, J. SHEA, It June 29 City Clerk Councilman Kalb moved the adoption of the ordinance, Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0, 47-53 An Ordinance establishing a grade on Green Street from the west property line of Bunker Hill Street to centel• line of Pennsyl- vania Avenue, presented and read. Councilman Kolb 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-Nolte. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 47.53 An Ordinanoe Establishing a Grade on Green Street Prom the West Prop- erty Line of Bunker Hil] Street to Center Line of Pennsylvania Avenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That a grade on Green Street from the jVest Property Line of Bunker Hill Street to the Center Line of Pennsylvania, Avenue be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile num- ber 1389. Bench Mark: Point of arrow on Fire Hydrant at corner of Bunker Hill Street and Green Street, Eleva- tion 830.09. Said grade begins at the west property Line of Bunker Hill Street which is station 0}00, north and south curb elevation 826.30, thence to station 0}l6, north and south curb elevation 826.20„ thence to station 1}75, north and south curb elevation 81216, thence to station 2}76, north & south curb elevation 804.00, thence to station 3}75, east and west curb elevation 814.00, thence to station 4+24.43, eaet and west curb elevation 518.94, thence to station fi}42, east and west curb elevation 840.70, thence to station 6}92, east and west curb elevation 843.7D, thence to station 7}42, east and west curb elevation 843.66, thence to station 7}69.43, which is the centerline of Pennsylvania Avenue, east and west curb elevation 842.80. Section 2. This ordinanoe shall be in full force and effect immediately upon its final passage and adoPHon and publication as provided by law. Passed, adopted and approved June 23rd, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. I{OLB LEO SCHUELLER CHARLES A. I{INTZINGER Councilmen Attest: J. J. SHEA City Clerk Published officially in The Tele 444 Special Session, June 23, 1953 graph-Herald newspaper this 29th day of June, 1953. J. J. SHEA It June 29 City Clerk. Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu, Nays-None. RESOLUTION N0. 293-53 Preliminary resolution for the construction of (type and place of improvement) cast iron water mains in Beverly, Brown, Drexel, Fairfax, Hickson, Lenox and Penn- sylvania Avenues and Chaney Road. Whereas, the City Council deems it necessary to institute proceed- ings for the construction of cast iron water mains in, Beverly Avenue from the South property line of Lenox Avenue to the South end of Beverly Avenue, Brown Avenue from the North property line of University Avenue to the South Property line of Lenox Avenue. Chaney Road from the South property line of Hillcrest Road to the North property line of Penn- sylvania Avenue, Drexel Avenue from the South property line of Pennsylvania Ave- nue to the North Property line of Lenox Avenue. Fairfax Avenue from the South Property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Hickson Avenue from the South property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Lenox Avenue from hte East property line of Brown Avenue to the East property line of Drexel Avenue, Pennsylvania Avenue from the West property line of Lot 1 of 3 of 1 of 1 of 2 of John P, Mettel's Subdivision to the West property line of Westerly Earl Drive. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: 1. That the City Engineer is hereby instructed to prepare pre- liminary plans and specifications, an estimate of total cost, and a plat and schedule far said im- provements and place the same on file with the City Clerk. 2. That the property to be benefitted by said improvement is (general description of all prop• erty in district) all real estate abutting on the above described portions of the above named streets, 3, The estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary reports, property valuations, esti- m a t e s, plans, specifications, notices, legal services, acquisition of land, consequential damages or costs, easements, rights of way, construction, (repair) supervision, inspection, testing, notices of pub- lication, interest, and printing and sale of bonds. 5, That said improvement is hereby designated (Short Title) 1953 Water Main Project No, i and may be referred to by such title in all subsequent proceedings. Passed, adopted and approved this 23rd day of June, 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. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 294®53 Preliminary approval of .pro- posed plans, specifications, plat and schedule and all other docu- ments for the construction of a cast iron water main in: Beverly Avenue from the South property line of Lenox Avenue to the South end of Beverly Avenue. Brown Avenue from the North Property line of University Ave• nue to the South Property line of Lenox Avenue, Chaney Road from the South property line of Hillcrest Road to the North property line of Pennsylvania Avenue. Drexel Avenue from the South property line of Pennsylvania Special Session, June 23, 1953 445 Avenue to the North property line of Lenox Avenue. Fairfax Avenue from the South property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Hickson Avenue from the South property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue, Lenox Avenue from the East property line of Brown Avenue to the East property line of Drexel Avenue. Pennsylvania Avenue from the West property line of Lot 1 of 3 of 1 of 1 of 2 of John P. Mettel's Subdivision to the West property line of Westerly Earl Drive, pre- ; sented and read. Councilman Kolb moved the adoption of the resolution. Sec- '- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Honorable Mayor and Members of the City Council, Dubuque, Iowa. I herewith submit a proposed plat of 1953 Water Main Project f No, 1 and a proposed schedule of valuations of the lots within the district served by said improve- - ment. K. J, Cullen, City Engineer, RESOLUTION N0. 295-53 Resolution determining valua- ' tions of each lot within the pro- posed assessment district for (Short Title) the 1953 Water Main ) Project No, 1. Be It Resolved by the City Council of the City of Dubuque; 1, That the valuations set out in the foregoing list are hereby de- termined to be the ,present fair market value, with the proposed t improvement completed, of each lot within the proposed assessment district for (Short Title) the 1953 Water Main Project No. 1. And the City Clerk is hereby directed to report the same to the City Engineer who shall show such valuations on the schedule hereto- fore ordered for said, improve- ment. Passed, adopted and approved this 23rd day of June, 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. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller Welu. Nays-None, RESOLUTION N0. 296-53 Resolution of necessity for con- struction of (Short Title) 1953 Water Main Project No. 1, also setting time and place of hearing and prescribing notice for (Short Title) the 1953 Water Main Pro• ject No, 1, far the construction of a cast iron water main in: Beverly Avenue from the South Property line of Lenox Avenue to the South end of Beverly Avenue. Brown Avenue from the North Property line of University Avenue to the South Property line of Lenox Avenue. Chaney Road from the South property line o£ Hillcrest Road to the North property line of Penn- sylvania Avenue, Drexel Avenue from the South property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Fairfax Avenue from the South property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Hickson Avenue from the South Property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Lenox Avenue from the East property line of Brown Avenue to the East property line of Drexel Avenue. Pennsylvania Avenue from the West property line of Lot 1 of 3 of 1 of 1 of 2 of John P, Mettel's Subdivision to the West property line of Westerly Earl Drive. Be It Therefore Resolved by the City Council of the Gity of Du• buque, Iowa: 446 Special Session, June 23rd, 1953 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord- ance with said plans and specifi- cations and 36.5% of the total cost of making said improvement shall be assessed against all privately owned property lying within the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the special bene- fits conferred thereby and the re• mainder of the total cost shall be paid out of the Water Works General fund. 3. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. 4. On the 15th day of July, 1953 at 7:30 P.M., the City Council will meet in the City CouncIl chambers in the City Hall, in the City of Du- buque, Iowa and hear property owners subject to the assessment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby authorized and directed to cause public notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty five days prior to said hearing and by mailing a copy of said notice by ordinary mail to the owners of said property to be assessed, as shown by the records in the office of the County Auditor not less than fifteen days prior to said hearing. Approved on first reading this 23rd day of June, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N.SCHUELLER CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved that the resolution be approved and placed on file with the City Clerk far public inspection for at least one week before final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-Nona. RESOLUTION N0, 297-53 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the con- struction of a six (6) inch sanitary sewer in Davis Street from a point 460 feet east of the east property line of Windsor Avenue to a point four hundred thirty-six (436) feet east, estimated cost $2,466,36, pre- sented and read. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 298-53 Whereas, proposed plans, speci- fications, form of contract and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office o£ the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cast of the proposed improvement, 6. In each case the amount which is estimated to be assessed against each lot, for the construction of a six (6) inch Sanitary Sewer in Davis Street from a point 460 feet east of the East property line of Wind- sor Avenue to a point four hundred thirty six (436) feat );act. Be It Therefore Resolved that the City Council an petition of property owners, deems it ad- visible and necessary for the pub- lic welfare to make the herein mentioned improvement, and un- Special Session, June 23rd, 1953 447 less property owners at the time of the final consideration of this proposed resolution have on file E with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City 1 Council and are now on file with the City Clerk. That the cast and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sanitation fund. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk # this 23rd day of June, 1953. Approved: ' RUBEN V. AUSTIN ' Mayor CLARENCE P. WELD RAY F. KOLB f LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Kintzinger moved that the resolution be approved and placed on file with the City f Clerk and remain on file for public 4$ inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by - the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, t (Fixing date of hearing) RESOLUTION N0. 299-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 297-53 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 construc- tion of a~ six inch sanitary sewer in Davis Street from a point 460 feet east of the east property line of Windsor Avenue to a pointfour hundred thirty-six (436) feet east and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office far public inspection, Be It Therefore Resolved that on the 15th day of July 1953, a public hearing will be held at 7:30 o'clock P.M. hl the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifrcations and proposed fornn of contract and at the saane time to the'~ioimdaries of the proposed district, to the cost of the improve- ment. to the amount proposed to be assessed against any lot and to the proposed Resolution of Neces- sity and the City Clerk be and he is herFby directed to cause a notice of the time and place of such hearing to be published itr some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 23rd day of June, 1953, RUBEN V, AUSTIN, Mayor. ~~LARENCE P. WELU, RAY F, KOLB, LI;O N. SCHUELLER, CHARLES A. KINTZRQGER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Kintzinger moved the adoption of the resolution. Sec- onded by CouncIlman Kolb. Car- ried by the following vote: 448 Special Session, June 23rd, 1953 Yeas-Mayor Austin, Council- m',en Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Sports Bowl In,c, requesting permission to set off fireworks for a public dembn- stratior: on July 4 or 5, 1953 at the Dubuque Sports Bowl, presented and read. Councilman Welu moved that the request be granted wjth approval of the Fire Chief and held under proper supervision. Sec- onded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Councll- men Kintzinger, Kolb, Schueller, Welu. Nays-Nome, Petition of the Dubuque Country Club requesting permission for the holding of a fireworks display on the grounds of the Dubuque Gauntry Club to be held on the evening of July 4, 1953, presented and read. Councilman Kintzinger moved that the request be granted with approval of the Fire Chief and held under proper supervision. Seconded by Councilman Schueller. Carried by the following vote: Yeas-•Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business' Councilman Kolb moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, J, J. SHEA, City Clerk. Approved ................................1953. Adopted ..................................1953. Councilmen; i .................................. Attest:.,..,. ................. City Clerk Special Session, June 23rd, 1953 449 ®~ ~~~ (®Ia~ICIAL) Special Session, June 23rd, 1953. Board met at 9:45 P,M. Present-Chairman Ruben V. Austin, Messrs Charles A. Kintzin- ger, Ray F, Kolb, Lea N, Schueller, Clarence P. Welu. City Manager Schiltz, June 11, 1953 Mr. John Shea, City Clerk, Dubuque, Iowa. Attention Hon, Mayor and Council. Gentlemen; We are in receipt of a letter from Mrs, Carl Scheufele, 450 Esther Street, of your city, com- plaining of a dangerous and in- sanitary condition on a lot which she and her husband own caused by the discharge of sewage into an old mineral shaft on their lot from an adjoining property the owner of which was given an ease- ment to do so when he purchased the property, We have written Mrs. Scheufele that this is a matter which by law comes under the jurisdiction of your council acting as local board of health (Sections 137.12 to 137.19, Code of 1950), Under Section 135.33, Code of 1950, this Department has jurisdic- tion in such matters only when the local board of health refuses or fails to take action, We are therefore respectfully requesting that your council cause an investigation to be made of this matter and that you inform us as to the findings of your board and as to action contemplated. It is our desire to cooperate with and assist local boards of health rather than supersede them, and we trust this matter can be satisfactorIly adjusted locally. Very truly yours, Paul Bolton, Assistant Di- rector, Division of Public Healtlt Engineering, Mr. Clarence P. Welu moved that the communication be re- ferred to the Board of Health to view the grounds. Seconded by Mr. Leo N. Schueller, Carried by the following vote: Yeas-Chairman Ruben V. Aus- tin, Messrs Charles A, Kintzinger, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. June 15th, 1953 Dr. Albert J. Entringer, Director of Health, Dubuque, Iowa. Dear Doctor; Upon receiving a complaint from, Mrs, Carl Scheufele, 450 Esther Street, that there was a dangerous mineral hole on their property, in the rear of 954 Tressa Street, and that there was a~ pas- sibility of children falling in. I advised that she have the hole filled. She stated that she could not do that because the people living at 954 Tressa Street had their sewer empty into it, Upon receiving that information I made an investigation. The in- vestigation disclosed no visible condition of any kind, except a slight settling of the ground, Further questioning disclosed that the Scheufeles built the house at 954 Tressa Street some thirty years ago, more or less, and drained the sewer into this aband- oned mine shaft which was closed over the top, Recently the house and lot, ex- cept the part with the mineral hole, was sold to Mr, McNeil. Upon discussing the situation with Mrs. McNeill I advised her that they would have to abandon the present disposal system. I also advised her that a septic tank and subsurface drain bed would be a temporary solution, but for permanent sewage dis- posal she should request the City to install a sanitary sewer in the street. Respectfully yours, Allan J. Klein, Sanitary Inspector. Mr. Clarence P. Welu moved that the communication be referred to the Board of Health to view the grounds, Seconded by Mr. Leo N. Schueller. Carried by the follow- ing vote: Yeas-Chairman Ruben V. Aus- tin, Messrs Charles A. Kintzinger, Ray F, Kolb, Leo N. Schueller, Clarence P, WeIu. Nays-None. There being no further business ~~;'..' ;r= ~~>:' ~h ~~; ~: ± ' va"..~i1 ~' ~` E" '. ,, X50 Special Session, June 23rd, 1953 Special Session, June 29, 1953 451 Mr. Clarence P. Wehi moved that ~ ~ , ; ~~' ~! ~I ~ ~ ~ I ~ ' ~ Eldo Block 53 West 12th Street. the Board of Health meeting ad- ~~ ~ ~ r~ . ~ ' i , ' ' ~ ~ ~ ~ ~ ~ ~ L Anthony C. Mihalovich, 1900 journ. Seconded by Mr. Ray Kolb, - ` Washington Street. Carried by the following vote: (4F1'ICIAL.) John Schaetzle, 2162 Central Yeas-Chairman Ruben V. Aus• Special Session, June 29th, 1953. Avenue, tin, Messrs Charles A, Kintzinger, Council met at 4:30 P.M. A. R. Uppinghouse and Philo- Ray F. Kolb, Leo N. Schueller, Present-Councilmen Kintzinger, mena Uppinghouse, 238.240 Wesf Clarence P. Welu. Kolb, Schueller, Welu, City Man- 6th Street. Nays-None. ager Schiltz. Fred Frary, 2220 University J. J. Shea, Absent-Mayor Austin, Avenue. Clerk, Board of Health. ~ Meeting called by order of Coun- Morris B. Flick, 5 Eighth Approved .................................. 1953 cilmen Kalb, Schueller and Kintz- Avenue. roger. Kermit Meyers and Thomas Adopted 1953 ......... . Councilman Kolb moved that Lilly, 714 Main Street. Councilman Welu be appointed Walter W. Knoll 205 Kaufman ( ............................•..,.... Mayor Pro Tem of the Council , Avenue ~ meeting. Seconded by Councilman , Members of ~ ....................•............... Schueller. Carried by the following Raymond McLaughlin, 2222 Cen- ~ . vote: teal Avenue. .,...,• ........................•.,,, Ed, oY H®alth ~ Yeas - Counciim~en Kintzinger, Dubu ue Metal Trades Council q l Kalb, Schueller. Club, 111 West 6th Street. °°°° ~ ° °• •°°•• Nays-None. Elmer L. Treivieler, 2103 Ja~k- ~ Absent-Mayor Austin. Council- son Street, ~ " •" """°""" ""°' °" man Welu not voting. Laverne Felderman, 1889 Jack- Attest:... Miayor Protein Welu read the son Street. Clerk Board of Health, ~ call anal stated that service there- Nick J. Kopp, 253 East 21st , of had been duly made and that Street. this meeting is called for the pur- Louis Anthoine, 119 West 6th pose of adopting resolutions direct- Street. ing the issuance of beer and cigar- Mrs. Josephine Nicks, 103 East ette permits and acting on any 22nd Street, other business as may properly Leo Sun, 206 West 3rd Street. come before a regular meeting of Michael A. Pusateri and Gus the City Council. Pusateri, 1098 Main Street. RES®LUTION N0, 300-53 Clara M, Reuter, 3050 Asbury Be It Resolved by the City Coun- Street, cil of the City of Dubuque that the Earl G. Corbett, 908 Rhomberg • following, having complied with Avenue, the provisions of law relating to. Charles A, Bergener, 1064 Uni- the sale of cigarettes within the versity Avenue. City of Dubuque, be granted ager- Herbert E. Althaus, 1575 Cen- . mit to sell cigarettes and cigarette tral Avenue, • papers within said City and the Carl N, Brant and Bernard Manager is directed to issue such Arensdorf, 2600 Central Avenue. - perm+jt on behalf of said City. Knights of Columbus, 781 Loc- Flame Address ust Street. Merlin K, Abing, 408 West Locust Carl L, Noel, 1080 University Street, Avenue. Diam,ond's Grill, 900.910 Main Merlyn L, Weber, 1904 Central Street, Avenue. Orville P. Murphy, 435 Central Joseph W. Loucks, 105 Locust Avenue, Street. George P. Arvanitis, 1958 Cen- Harold A. Cosley and Mrs. Mar• tral Avenue. garet Cosley, 1121 University Ave. Roshek Bros, Company, 700• Carl M, Herburger, 2987 Jack• 798 Locust Street, son Street. William A, Brown and Hilda Arthur H. Eichman, 2119 Rhom• Brawn, 2417 Rhomberg Avenue. berg Avenue. Clarence Polfer, 2612 Dodge Frank H. Berntgen, 2186 Cen• Street. tral Avenue, Joseph L. Wingert and Josephine John C. Neumeister, 729 Lincoln Wingert, 400 Rhomberg Avenue. Avenue. Leo Droullard, 2635 University James H, Scherer, 1187 Iowa Avem~e . Street. X52 Special Session, Jtiuie 29, 1953 The Great Atlantic & Pacific Tea Co., 1101 Central Avenue. Tenenbom's Super Market, Inc., 200 Sa. Locust Street. Tenenbom's Super Market, Inc., 630 Locust Street. Harry A. Rawson and Grace Rawson, 342 Main Street. I{lauer-Julien Hotel Co., 2nd & Main Streets. Raymond Syke, 923 Main Street. B. A. Ruegnitz, 629 Rhomberg Avenue. Arthur J. Trapp, 1266 Central Avenue. Frank E. Lewis, 2403 Central Avenue. Floyd J. Lauterborn and Walter G. Thorpe, 951 Main Street. John J. Heiderscheit, 1278 Cen- tral Avenue. Ernest W. Pfalzgraf and Anth- ony L. Feclcer, 1300 Central Ave. George Ragatz, Jr., 1996 Cen- tral Avenue. Durance E. Cox, 2613 University Avenue. Melville L. Donovan, 1876 Cen- tral Avenue. Herbert Bisping, 1401 Elm St. Melvin C. Lynn, 424 West Locust Street. Lorraine Gordon, 469 Main St. James J. Scherr, 1198 White St. Fred Weiner, 1101 White Street. Thomas F. McDonough and Ruth McDonough, 1052 University Ave, William Wagner, 1501 Rhomberg Avenue. Robert J. Bowen, 1105 Univers- ity Avenue. Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. George Westercamp, 1399 Jack- son Street. Marie Sand, 2498 Central Ave. Gus L. Manternach, 1104 Loras Blvd. George Kanavas, 1689 Elm St. Hubert J. Kress, Jr., 532 East 22nd Sheet, John E. Noel, 2400 Central Ave. W. C. Crahan, Corner Dodge & Bluf£ Streets. Leonard P. Bertsch, 304.326 Main Street. Andrew D. Karigan, 401 Central Avenue. Andrew D. Karigan, 720 Main Street. Joseph C. Schneider, 2900 Cen- tral Avonue, William Wand, 2850 Burlington Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avonue. Clarence J. Kipper, 1585 Delhi Street. Mrs. Elsie Vrotsos, 1253 Wash- ington Street. Wm. E. Wodrich, 1101 Rhom- berg, Avenue. Gerald C. Schemer, 2955 Cen• tral Avenue. Hem•y C. Torrey, 400 Iowa St. John Glynn, 659-679 Central Ave. Ellas Mihalas, 574 East 16th St. Dubuque Packing Company. 6th & Sycamore Streets. Hartig Drug Company, 2376 Central Avemie. Hartig Drug Company, 730 Main Street. Hartig Drug Company, 93 Loc- ust Street. Fraternal Order of Orioles. 1604 Central venue. William Savory and Viola Savory, 827 Dodge Street. Fred Kamentz, 1697 Jackson St. James M. Kane, 1205 Cleveland Avenue. Richard G. Rink, 125C Washing- ton Street. Irvin G. Hessel, 2678 Central Avenue. Richard Schueller, 2900 Jackson Street. Alford Finch, 1347 Central Ave. Page Hotel Company, 73.75 East 4th Street. John J. Ludescher, 1897 Semi- nary Street. St. Joseph Mercy Hospital Gift Shop, James & Peabody Sheets. B.P.O.E. Lodge No. 297, 7th and Locust Streets. Harold A. Muntz, 3203 Jackson Street. Joseph F. Oberhoffer, 1395 Browns Avenue. Don Schroeder, 2890 Central Avemie. Mh•s. Dorothy Blum, 2412 Cen tral Avenue. Stampfer's Department Store, 800 Main Street. Iowa Com;m'ission for the Blind, Post Office, 6th & Locust Streets. Joseph A, Kramer and Louis P. O'Connor, 55 East 7th Street. Noah W. McNamar, 216 West 1st Street. Helen M. Hafeman, 2003 Wa~h- i ington Street. Special Session, June 29, 1953 453 ', John Ward and Eleanor D. Ward, 2284 University Avenue. Earl J. McNamara, 1046 Univer- sity Avenue, John D. Corken, 2195 University Avenue. William J. White, 1995 Asbury Road. Vincent Teeling, 115 East 22nd Street. John J. Engling and Bernadette Engling, 2997 Central Avenue. ,National Tea Company, 896-898 Main Street. J, Ray O'Brien, 2093 Washington Street. Carl Van Dueltrtian, 590 Seminary Street. A. J. Ender, 1703 Maple Street. A. J, Ender, 534 Rhomberg Ave. Cletus N. Pauly, 1255 Central Avenue. Jack Solomon, 555 Main Street. The Sunshine Circle-Finley Hos- pital, 1596 Delhi Street, Anthony Schm,it, 1048 Main Street. Paul A. Leonard, 239 West 6th Street. The Kroger Company, 270 West 7th Street. Roy Bramer and Rex Bramer, 1306 Delhi Street. Ralph J. Cremer, 731 Rhomberg Avenue. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Merlin Apel, 1195 Dodge Street. Anton Fortmann, 253 Main Street. Robert P. Schwegman, 1875 University Avenue. Ruben J. Weber, 25 West 7th Street. Canfield Hotel Corporation, 34.36 West 4th Street. A. G. Peryon, 257 Eighth Avenue. Kenneth L, Meisenburg, 2500 Central Avenue. Robert McFarlane, 1798 Central Avenue. Harry Murphy and Dorothy Murphy, 1097 Jackson Street. Peter Klauer, 2700 Jackson Street. Leonard H. Crane, Bunker Hill. Zeno Tranel, 598 Main Street Raymond G. Wunder and Eileen Wunder, 1006 Central Avenue. M~xs. Floreu,ce Miller, 2620 University Avenue. - George J. Zillig, 234 West 9th Street.. Joe Giunta, 2022 Control Avenue. Mrs. Marie Maas, 700 East 16th Street. Edward R. Lamy, 813 Main Street. Thelma Mardauss, 349 Eighth Avenue, Fischer Bowling Lanes Club, 880 Locust Street. Louis E. Lorenzi, 301 Main Street, Frank M. Kelly and Francis E. Kelly, 1075 Dodge Street. Donald C. Moes, 698 Central Avenue. Thomas A. Oeschger, 815 West 5th Street. Milton F. Fink, 3165 Central Ave. Nick E. Tsacudakis, 3166 Ja~k- son Street. John M. Thompson and Clarence E. Thompson, 210 West First St. Louis J. Winkler, 625 Central Avenue. Fred C. Potterveld and Winifred S. Potterveld, 498 No. Grandview Loras College, 655 Loss Blvd, Vincent J. Hogan, 231 West 2nd Street. John F. Tench and Vincent W. Mescher 1233 Rhomiberg Avenue. Arthur Apel, 1176 Iowa Street. Mrs. Annice Jaeger, 1598 Elm Street. James P. Kachevas, 493 Main Street. William O'Neill, 244 West First Street. Hollywood Grill, 500 Main Street. Edmund H. Callahan, 1105 Wal- nut Street. Mrs. Agnes Zahina, 2649 Windsor Avenue. Raymond H. Hilkin, 1046 Central Avenue. George Miller, 400 Central Ave, Robert E. Sullivan, 620 So. Grandview Avenue. James A. Angelus, 2117 Univers- ity Avenue. American Veterans of World War II (Amvets), 429 Main Street. Louis A. Ring, 155 West 11th Street. Joseph P. T3illard and Berniee Hillard, 431 Rhomberg Avenue. Fred Herber, 2108 Central Ave, George Lancer and Helen Lancer, 3165 Central Avenue. Mrs. Louise Pitz, 310 East 30th Street. Lawrence Schwartz, 500 Rhom- berg Aven3ie. Veterans of Foreign Wars, 1031~/z Main Street. 45d Special Session, Junc 29, 1953 Tony Helling, 80 Locust Street. Kisseii Grocery, Gll University Avenue, Harry J. Smuth, Sr., 2239 Und- versity Avenue, Ray Luchsinger and Angeline Luchsinger, 2372 Central Avenue. Clyde L. Bradley, 3198 Central Avenue, Lester Eichorn and Marie Eich- horn, 1725 Delhi Street. Donald M. Love, 250 West 6th Street. Xavier Hospital Gift Shop, Davis & Windsor Avenue. Harry Kopple, 1098 University Avenue. Harold A. Casey, 655 Seminary Street. Daniel C, Maloney, 892 Cleveland Avenue. Leo P. Mamahl, 785 Groveland Place. Donald W. Schuster, 2404 Cert- hal Avenue. Merlin P. Michel, 330 Main Street. Roger M. Bertsch, 326 Main Street. Earl E. MacDonald, 2930 Cen- tral Avenue. John ~, Hickey, 55 Locust Street. Richard Alderson, 1555 So. Grandview Avenue. Sylvester' A. Weiner and Dolores V. Weiner, 201 East 22nd Street. Clifford Steffen, 1103 Iowa Street. Elizabeth Mary Raines, 678 Cen- tral Avenue. George T, Vrotsos, 605 Main Street. Pete S. Sfikas, 760 East 16th Street. Paul Schollmeyer, 176 Locust Street. William Powers, 802 Iowa Street, John Heisenberg, 450 West Locust Street. Hugo P, Ansel, 2203 Carter Road William, L, Becker and Donald M. Ungs, 1543 Central Avenue. Justin L. Johanningmeir, 1879 Central Avenue. Wm, Van der Meulen and Sophie McMann, 2327 Central Avenue. Clarence D, Schaller, 378 M'.ain. Street. Larry B. Kemp, 1200 Iowa Street. John Petrakis, 1564 Central Ave. Jahn E. Leiser, 29 Eighth Ave. Robert L. Houps, 342 Eighth Ave. Harold Steinltoff, 241 Main St, Ray J. Nicks, 521 Past 22xid St. Mrs. Josephine Burke, 1091 Main Street. Mrs. Adele Geske, 253 West 1st Street. Earl T. Avery, 1602 Lincoht Ave. Louis O'Meara, 1655 Delhi St. Jahn J. Beecher, 2399 White St. Charles S. Dugan, 390 East 12th Street, Harry N. Gantert, 1301 .Rhom- berg Avenue. Mrs. Julia V. Libansky, 1563 Central Avenue. Martin Meyer and Vernon Meyer, 530 East 22nd Street. Disabled American Veterans Club, 951r/z Main Street. Dubuque Golf and Country Club, 260 Randall Place. Clarence P. Falkenhainer, 1097 University Avenue. Alfred Hedley, 509 Eighth Ave, Leo F. Link, 1487 Central Ave. Dell Warren and Ralph Warren, 1700 Central Avenue. Otto J, Dunbar', 2401 Jaekson St. Maurice H. Mellon, 1100 Lincoln Avenue. Lester A. Foell, 1638 Central Avenue. Cr'uso A. Alba, 2601 Jackson St. R. Daniel Winders, 2204 Central Avenue. Elmer E. Mayer, 1828 Central Avenue, Francis 0"Poole, 280 Main Sheet. Clarence P. Haupert, 1703 As- bury Street, Arthur Radetaki, 2038 Central Avenue. Jerome J. Love, 37 Eighth Ave. George R. Hunt and Christopher C. Gratz, 801 Main Street. Mathias A, Schueller, 132 Eighth Avenue. Bert Zelens, 401 Main Street. Arano H. Lolwing, 2616 Windsor Avenue, Albert H. Hochausen, 1573 Elm Street, Frank Sand and Elsie Sand, 2364 Washington Street. Floyd Barnhart, 1598 Jackson St. Edmund N. Handers, 1001 Rhomberg Avenue, Robert J. Quinlan and Evelyn Quinlan, 1091 Wliite Street. John B. Burgmaier, 2600 Jack- son Street, Fraternal Order of Eagles, Aerie No, 568, 6th and Locust Streets, Elmer F. Christ, 701 Central Avenue. Special Session, June 29, 1953 455 Harold 0. Specht. 3003 Asbury Street, James W, Baxter, 1501 Central Avenue, Donald A. Ring, 1500 Central Avenue. Frank J. Pusateri, 1296 Central Avenue. Gaylon C. Seeley, 2595 Rham- berg Avenue, Nick J. Legler, 53 Eighth Ave. 'Triangle Cafe, 926 Main Street, Peter Petrakis, 1401 Central Ave. Geo, C. Kruse, 2418 Central Ave. Bessie Sfikas and Gust Bogas, 504 Central Avenue, John S. Young, 601 Rhomberg Avenue. Roger C. Johnson and Robert D. Johnson, 336 Main Street, Mrs. Ione Miller, 1322 Central Avenue. American Legion, Dubuque Post No. 6, 290 West 4th Street, Anastacios Langanis, 31 Eighth Avenue. Alfred G, Porter, 2541 Central Avenue. Roger Boleyn, 1415 Rhomberg Avenue. Francis P. McCauley, 1040 Uni- versity Avenue. Charles T. Snyder and Elsie Snyder, 543 Eighth Avenue. Victorine Ellis, 120 West 4th Street. Eldon A. Biver, 609 East 22nd St. } Donald E. Wertz, 1545 So, Grand- [ view Avenue, ' Spencer P, Wright, 1862 Cen- tral Avenue, George T. Nacos, 720 Iowa Street, Florence Lange, 101 Main St. Mrs, Rosemary Hird, Eagle Pt. William P. Collins, 185 Main St. Elmer Thompson, 501 Rhomberg ~ Avenue. M, Ernest Becker, 600 Central Avenue. Mrs. Beatrice C. Winkler, 998 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved, Passed, adopted and approved this 29th day of June, 1953. CLARENCE P. WELD Mayor Pro '1'em RAY F, I{OL$ LEO N. SCHUELLER CHARLES A. KIN"1'ZiNGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Pro tem Welu, Councilmen Kintzinger, K o 1 b , Schueller, Nays-None, Absent-Mayor Austin. ltE5dLU71®N N~. 301-53 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 Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMITS Klauer-Julien Hotel Company, Second & Main Streets. Frank H, Berntgen and Marion Berntgen, 2186 Central Avenue. Harry A. Rawson and Grace Rawson, 342 Main Street, Joseph L, Wingert and Josephine Wingert, 400 Rhomberg Avenue. Harold A. Cosley and Mrs, Mar- garet Cosley, 1121 University Ave, George Westercamp, 1399 Jack- son Street. William Savory and Viola Savory, 827 Dodge Street. Andrew D. Karigan, 720 Main Street. George Kanavas, 1689 Elm St. Paul A. Leonard, 239 West 6th Street. Cletus N. Pauly, 1255 Central Avenue. Mrs. Dorothy Blum, 2412 Central Avenue. James P. Kachevas, 493 Main St. Mrs. Marie Maas, 700 East 16th Street. Mrs. Mario Sand, 2498 Central Avenue. William E. Wodrich, 1101 Rhom- berg Avenue. Raymond G. Wunder and Eileen M, Wunder, 1004 Central Avenue, Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. John M. Thompson and Clarence E. Thompson, 210 West First St. Donald C, Moes, 698 Central Ave. Fred Herber, 2108 Central Ave, George Lanser and Helen Lan- ser, 3165 Central Avenue. Anton Fm~tmann & Co., 253 Main Street. 45b Special Session, June 29, 1953 Frank Sand and Elsie Sand, 2364 Washington Street. George J. Zillig, 234 West 9th Street. John E. Leiser, 29 Eighth Ave. Charles S. Dugan, 390 East 12th Street. John Meisenburg, 450 West Loc- ust Street. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB The American Legion, Dubuque Post No. 6, 290 West Fourth St. Fraternal Order of Orioles, Du- buque Nest No. 11, 1604 Central Avenue. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. CLASS "C" PERMITS Joseph F. Oberhoffer, 1395 Browns Avenue. Richard Schueller, 2900 Jackson Street. Irvin G. Hessel, 2678 Central Avenue. Mrs. Eleanm• D. Ward, 2284 Uni- versity Avenue. Edmund H. Callahan, 1105 Wal- nut Street. Merlin K. Abing, 408 West Loc- ust Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Vincent J. Hogan, 231 West 2nd Street. Harold A. Casey, 655 Seminary Street. Earl E. MacDonald, 2930 Central Avenue. Otto J. Dunbar, 2401 Jackson St. Elmer Q. Robey, 429 Rhomberg Avenue. Passed, adapted and approved This 29th day of June, 1953. CLARENCE P. WELD Mayor Pro Tem RAY F. KOLB LEO N. SCHUELLER CHARLES A. I~IiVTZRQGER Councilmen. Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro tem Welu, Councilmen Kintzinger, K o 1 b , Schueller. Nays-None. Absent-Mayor Austin. RBShcatlTl®iq N0, 302®53 Whereas, heretofore applications far Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed proper bonds: Naw, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMITS Klauer•Julien Hotel Company, Second & Main Streets. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Harry A. Rawson and Grace Rawson, 342 Main Street. Joseph L. Wingert and Jose- phine Wingert, 400 Rhomberg Ave. Harold A. Cosley and Mrs. Mar- garet Cosley, 1121 University Ave. George Westercamp, 1399 Jack• son Street. William Savory and Viola Sav- ory, 827 Dodge Street. Andrew D. Karigzn, 720 Main Street. George Kanavas, 1689 Elm St. Paul A. Leonard, 239 West 6th Street. Cletus N. Pauly, 1255 Central Avem~e. Mrs. Dorothy Blum, 2412 Cen- tral Avenue. James P. Kachevas, 493 Main St. Mrs. Marie Maas, 700 East 16th Street. Mrs. Marie Sand, 2498 Central Avenue. William E. Wodrich, 1101 Rhom; berg Avenue. Raymond G. Wunder and Eileen M. Wunder, 1004 Central Avenue. Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. John M. Thompson and Clarence E. Thompson, 210 West First St. Donald C. Moes, 698 Central Ave. Fred Herber, 2108 Central Ave. George Lanser and Helen Lan- ser, 3165 Central Avenue. Anton Fortmann & Co., 253 Main Street. Frank Sand and Elsie Sand, 2364 Washington Street. George J. Zillig, 234 West 9th St. special Session, June 29, 1953 457 John E. Leiser, 29 Eighth Ave. Charles S. Dugan, 390 East 12th Street. John Meisenburg, 450 West Loc- ust Street. Wtn. Van der Meulen and Sophie McMann, 2327 Central Avenue. CLASS "B" PERMIT FOR PRNATE CLUB The American Legion, Dubuque Post No. 6, 290 West Fourth St. Fraternal Order of Orioles, Du- buque Nest No. 11, 1604 Central Avenue. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. CLASS "C" PERMITS Joseph F, Oberhoffer, 1395 Browns Avenue. Richard Schueller, 2900 Jackson Street. Irvin G. Hessel, 2678 Central Avenue. Mrs. Eleanor D. Ward, 2284 Uni- versity Avenue. Edmund H. Callahan, 1105 Wal- nut Street. Merlin K. Abing, 408 West Loc- ust Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Vincent J. Hogan, 231 West 2nd Street. Harold A. Casey, 655 Seminary Street. Earl E .MacDonald, 2930 Central Avenue. Otto J. Dunbar, 2401 Jackson St. Elmer Q. Robey, 429 Rhomberg Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby ap- proved. Passed, adopted and approved ', this 29th day of June, 1953. CLARENCE P. WELU Mayor Pro Tem RAY F, KOLB LEO N. SCHUELLER CHARLES A. KIIVTZWGER Councilmen. Attest: J, J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Kintzinger, K o 1 b, Schueller. Nays-None. Absent-Mayor Austin. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Welu, Councilmen Kintzinger, K a 1 b, Schueller°. Nays-None. Absent-Mayor Austin. J. J. Shea, City Clerk. Approved ............................... 1953 Adopted ................................... 1953 f ...........................<...... I I . ................................ I~ Councilmen: { .................................. I I ................................. I 1 .................................< Attest .................................. City Clerk