1959 March Council ProceedingsRegular Session, March 2, 1959 117
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CITI(C01lN~IL
(OFFIUAL)
Regular Session, March 2, 1959.
C~caancil met at ?:30 P.M.
Present -Mayor Kintzinger,
Counalmen Schueller, Takos,
Welu. City Manager Schiltz.
Absent-Councilman Freund.
Mayor Kintzinger read the call
and stated that this is the regular
monthly meeting of the City Coun-
cil for the purpose of acting upon
such business as may properly
come before the meeting.
Communication of lows State
Department of health granting
permit No. 59.20-5 for the con-
str+rction of 2,308.4' of eight inch
sewer in Scenic View Heights No.
2 subdivision, presented and read.
Councilman Welu moved that the
communication be received and
filed. Seconded by Councilman
'Pa'tios. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund,
Communication of Stampfer's
suggesting to bhe Council that the
requested improvements at the 4th
Street Ball Park be given favorable
consideration, presened and read.
Mayor Kintzinger moved that the
communication be received and
kept for future .reference and be
referred to the Recreation Com-
mission. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen .Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Communication of Kretschmer
Treflway Co. requesting support of
the baseball park improvement
program, presented and read.
Councilman Takos moved that the
communication 'be received and
kept for future reference and be
referred to the Recreation Com-
mission. Seconded by Councilman
'pVelu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Proof of Publication, certified to
bq the Publisher, of Statement of
Receipts and a list of claims and
payrolls for which warrants were
issued for the month of January
1959, presented and read. Council-
man Schueller moved that the
proof of Publication be received
and filed. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
ciln~ea Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Communication of Carl J. Noel
of 633 Kane Street, asking for
the correction of the unhealthy
condition created at the intersec-
tion of Kane Street and Spring-
green Court due to the heavy ac-
cumulation of mud and dust after
a heavy rain or flow of water due
to the melting of snow and ice,
presented and read.
Councilman Schueller moved
that the rules be suspended to
allow anyone present address the
Council if they so desire. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
almen Schueller, Takos, Welu.
Nays-None.
Absent~Councilman Freund.
Mrs. Robert J. McCabe addressed
.the Council in support of Mr.
Noel's communication. Councilman
Welu moved that Mr. Noel's com-
munication be received and held
until the general improvements of
Kaufmann avenue are taken care
of.
Seconded by Councilman Takos.
.Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
:Communication of Councilman
Freund suggesting that all or as
many known caves in the area be
sealed to protect our youngsters
and that special recognition be
given to the officers of the police
force who participated in the res-
cue of two youngsters lost in a cave
last week and that consideration
should be given to the presentation
of valor awards for valorous deeds
.performed by members of both the
police and fire departments in the
line of duty, presented and read.
Councilman Takos moved that
the communication be referred to
the City Manager and .appropriate
118 regular Session, Mara 2, 1959
departments to make an investiga-
tion as to the closing and sealing of
all un-used and dangerous openings
in and around the City and report
back to the Council. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council•
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
March 2, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen; For the last several
years there have been numerous
complaints concerning the conges-
tion and delay encountered on Al-
pine Street between West 5th and
University.
Recently another study has been
made of the facts to determine
what steps could be taken to solve
the problem.
There is only available one lane
of the street open for vehicular
traffic which requires a motorist
to pull in and park in order to al-
low another to pass in the opposite
direction.
This street is used as a bus
route and is a connecting street
betwen Dodge and University Av-
enue.
The residents on the east side
have no alley access or garage
facilities while about 90% of those
on the west side have these facili-
ties.
Continued parking on both sides
of this street offer an advantage
to the few residents who fail to
use off street parking areas to the
disadvantages, delay and hazard of
all others who use the street.
It is recommended that parking
be eliminated on the west side of
Alpin Street between University
Avenue and West 5th Street to
accomodate parking and two way
traffic until the street could be
widened.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Councilman Welu moved that the
City Manager and Traffic Depart•
ment be instructed to check the
pedestrian traffic situation at Sen•
for High School, as the result of
numerous complaints of students
walking back and forth across the
street, thereby retarding the nor•
mal flow of vehicular traffic. Sec•
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
March 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following
bonds and policies and desire to
have your approval on same for
filing, subject to the approval of
the City Solicitor;
EXCAVATION
Emerson Excavating Company, Pol-
icy No. ML 132323 U. S. Fidelity
and Guaranty Co.
SIDEWALK
John Luber, Bond No. 2821413 499
53 U, S. Fidelity and Guaranty
Ca
Joseph A. Becker, d/b/a Albert
Becker & Sons, Bond No. 251072
General Ins. Co. of America
HEATING
Robert Jacquinot, d/b/a A-1 Plumb-
ing & Heating, Merchants Mutual
Bonding Co.
COLLECTION AGENCY
Fred Sievers, Bond No. 12.598-025
American Surety Company
Alfred C. Schuster, Bond No. 12-
598.026, American Surety Com-
pany
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Takos moved that
filing of the bonds and policies be
approved subject to the approval
of the City Solicitor. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
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Regular Session, March 2, 1959 119
February 23, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen: The petition of Har-
old J. Morgan and others request-
ing the installation of a sewer from
the 500 to the 2100 block of Kauf-
man prior to paving was referred
to the Council to view the grounds.
Upon viewing the grounds, it was
the decison of the Council an en-
gineering survey and report be
prepared covering the installation
of sewers in Kaufmann Avenue or
the detention of water in reservoirs
adjacent to Kaufmann Avenue prior
to the paving of the street.
It is recommended that the de-
cision of the Council be confirmed.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Councilman Schueller moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
February 23, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen: The petition of Don•
old Kubitz of 2615 VanBuren Street
objecting to the placing of a man-
hole in his yard was referred to
the City council to view the
grounds.
Upon viewing the grounds it was
the decision of the Council that Mr.
Kubitz was adequately compensated
for any damage received.
I recommend that the decision
of the Council be confirmed.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Welu moved that the
recommendation of the City Man-
ager be approved, Seconded by
Counclman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund,
February 23,1959
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen; I am attaching here-
with the audit of O'Connor, Brooks,
Ahrendt and Brooks for the City
Water Department for the year
1958.
This audit has been made in
weeping with the requirements for
the bond issues of the Water De•
partment in 1955 and 1956.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Welu moved that the
audit be received and filed. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu:
Nays-None.
Absent-Councilman Freund.
March 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: The City of Dubuque
Sewage Works Improvement, Con-
tract No. 1, Terminal Street Lift
Station, under construction by the
Conlon Construction Company has
been completed in accordance with
the plans and specifications. The
total cost of the contract is $250;
801.70 as compared to the bid price
of $251,778.17.
I therefore, recommend that Con-
tract No. 1 Terminal Street Lift
Station, be accepted and that pay-
ment for this project be completed
in accordance with the contract
and agreements.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Wlu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
February 24, 1959
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen: At your direction, I
investigated the claim of Bethany
Home for the Aged for damags
120 Regular Session, March 2, 1959
resulting from a clogged sanitary
sewer and can find no negligence
on the part of the City and recom-
mend the claim be denied.
Respectfully,
T. H. NII,SON
Councilman Welu moved that the
recommendation of the City Solici-
tor be approved. Seconded by Coun•
c1lman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
February 24, 1959
Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa.
Gentlemen: At your direction, I
investigated the claims of Edmund
Callahan and Don E. Noggle, for
damages claimed to have resulted
from an icy condition on Loris
Boulevard.
On investigation I find that the
water flowed onto the street from
an overflow pipe of a backed-up
storm sewer. The sewer does not
appear to have become clogged
through any negligence of the City.
I therefore recommend that both
claims be denied.
Rspectfully,
T. H. NELSON
Councilman Welu moved that the
recommendation of the City Solici•
for be approved. Seconded by
Mayor Kintzinger. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
March 2, 1959
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen: I have investigated
the claim of Mrs. Clara Denio, 2654
Broadway, in the amount of $250
for injuries sustained in a fall in
front of No. 39 West Eighth Street,
January 8th, and find that the de-
fect existed as claimed.
I have discussed the matter with
Mrs. Denio and she has agreed to
accept the sum of $60.00 in full
settlement of her claim.
I recommend that this settlement
be approved and the Auditor in-
structed to issue a warrant in the
amount of $.60 and payable to Clara
Denio, and deliver the same to her
upon receipt of a properly executed
release.
Respectfully submitted,
T. H. NELSON
Councilman Takos moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Original notice of claim from
the District Court in the case of
Ida E. Klein, Plaintiff, vs. City of
Dubuque, Defendant, in the amount
of $15,000 for personal injuries re•
calved in a tall on a sidewalk on
November 28, 1958, presented and
read.
Councilman Welu moved that the
notice be referred to the City So-
licitor for investigation and report.
Seconded by Councilman 5chuelIer.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Notice of claim of Joan Saal of
24&5 West Street, in an un-named
amount, for personal injuries re-
ceived in a fall at 13th and Central
on the steps of the City Hall on
January 23, 1959, presented and
read.
Councilman Welu moved that the
claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Original notice of suit and peti-
tion from the District Court in the
case of Marcella Rettenmeier,
Plaintiff vs. City of Dubuque, De-
fendant, in the amount of $18,000,
for personal injuries received in a
fall on a defective sidewalk on De-
cember 11, 1958, presented and
read.
Councilman Welu moved that the
notice be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Takos,
Carried by the following vote:
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Regular Session,. March 2b 1959 lEl
Yeas-Mayor Kintzinger, Coun-
tilmen SehueBer, Takos, Welu.
Nays-N~arre.
Absent-Councilman Freund.
Notice of claim of Mrs. Frances
Hutchins of 50 Devon Drive, in an
un-named amount, for personal in-
jstries received in a fall. at the wr-
ner of Devon & Cambridge Court
on January 4, 1958,. presented and
read.
Councilman Welu moved that the
claim be referred to the City Solici-
tor €or inrvestigation and report.
Seconded by Councilman Takos•
Carried by the following vote:.
Yeas-Aesayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu,
Nays-l~lone.
Absent-Councilmen Freund.
Notice of claim of Walter Hel•
>oing of 254 W. 17th Street, in an
nn-named zrllount, far personal ie-
juries received in a fall on East
18th street on February 19, 1959,
presented and read. Councilman
Wela maned that the claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Proof of Publication, certified to
by the Publisher, of notice of heaz-
ing on Ordinance No, (r59, an Or-
dinance vacating and co~eying
the City's interest in an alley ly-
ing along the east side of Lots 1,
2 and 3 of Union Place, presented
and read. No written objections
were filed and no objectors were
present in the Council Chamber
at the time set for the public
hearing.
Councilman Welu moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
ORDINANCE NO. 6.59
An Ordinance Vacating a herein
described alley and providing for
the Conveyance of the City's in-
terest therein, having been passed
on first reading on March 2, 1959
and ordered placed on file with
flee- City ,Clerk far public inspec-
tion pendimg public. heazing, pre•
sented for Fialal Adoption.
ORDINANCE NO. 6•S9
An Ordfiaace VacatMg a herein
deacrued Attey and providf~ far
flee Co»veyance of a City s in•
tercet therein.
Whereas, npoa the plat of Uffion
Place, as retarded in Book Q. pages
934 and 536 and Book of plats page
189 h the records of flee Ctrus#.y Ra•
corder of Dubuque County, Iowa,
there appears an alley lying along
the east aide of Lots 1, 2 and 3 of the
said Union Place; and
Whereas, at the time of platting
Union Place the same did not lilac with-
la the Ci6y 1tmHs of the City of Du-
buque; and
Whereas, said alley has Hover been
opened or imp~eved or used by the
public; and
Whereas the saes occupied by said
s~o tth t tluysame appeara~as Fa~stof
affif Nee witld-a the foIbwing 1018 fn
the City of Dubu~ue•
Lot 1, Lot 1 of Lot 2, and' Lot t of
~ of y I~ot m S' ~ poste ZP3eefe; ~hIand
Farm;
and
Whereas, the owners of satd lots
have petitioned the City ComacD to
vacate said ai6ey; and
Whereas, the Planning and Zoning
Chmmdssion has recommwded the va•
cation of said alley; and
Whereas, the City Ceunen, at a pub
]ic hearing held fHarch 2, 1968, ppur-
suant to notice published in the Tele-
Febiaary nl,~ 1859brhas ydetermined that
it is in the bas{ public interest that
said oneyy De vacated and the interest
of the Cit of Dubuque therein coa•
ve ed to the owners of said lots•
blow TBESaroas, sE rr RESOI,vED
BY THB CITY COUNCIL OF THE CrPY
OF DUBUQUE, IOWA:
Section 1, That the alley ixi~ along
the east side of Lots 1, 2 _ and 3 of
Union Place in the CUy of Dubuque,
Dubuque County, Iowa, as the same aD•
pears u on the plat of Union Place
recorded in Book Q, pages 534 snd 535
and Book of Plats page lE9 !n the
records of the Conn Recorder of Du•
buque County, Iowa, be and the same
is hereby vacated;
Section 2. That the Mayor and City
Clerk be and they are hereby author
ized to execute and delivegr Quit Claim
mtere'st of t~tpg of Dubuquetia the
following lots in the City of Dubuqgue,
lows to the fdlawing owners to•wtt:
Lot 1 of St. Rose Place to l~caninlcsm
College of St. Rose of Lima;
Lot 1 of Lot 2 of St. Rose Place to
Archdiocese of Dubuque;
Lot 2 of Lot 2 of St. Rose Place t0
Archdiocese of Dubuque;
Lot 1 of Lot 1 of Lot 2 of H3 bland
Farm to Mount Saint Bernard Sem•
mazy;
Section 3. That the City Clerk is
hereby directed to record a certified
copy of this Ordinance io the office of
the County Recorder of Dubuque Conn•
ty, Iowa.
passed, adopted and approved this
2nd day of March, A.D., 1959.
CHARLES A. KIAITZINGERMayor
LEO N. SCHIIELLER
CLARENCE P. WELD
PETER J. TAKOS
Coundlmen
Attest:
LEO F. F1tOMMEI.T,
City Clerk.
122 Regular Session, March 2, 1959
Published officially in the Telegraph-
Herald Newspaper this 6th day of
March 1959.
LEO F. FROMMELT
lt. 3/6 City Clerk.
Councilman Schueller moved the
final adoption of the Ordinance.
Seconded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
ORDINANCE N0. 6-59
An Ordinance Amending Ordi-
nance No. 33-49, known as the
Traffic Code of the City of Du-
buque, by adding a new Section d-7
to Schedule HI thereof, and a new
Section 1-g to Schedule N thereof,
presented and read.
Councilman Schueller moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Councilman Schueller moved that
the rules be suspended requiring an
Ordinance to be read on three
separate days. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent--Councilman Freund.
ORDINANCE N0. 8.59
An Ordinance Amending Ordinance
No. 33-49, known as the Trafnc Code
of the City of Dubuque, by adding a
new Section d•7 to Schedule HI there-
of, and a new Sectton 1•g to Schedule
IV thereof.
BE IT ORDAINED BY THE CrrY
COUNCH. OF THE CTTY OF DUBUQUE:
Section 1. That Schedule HI of rdi•
nonce No. 33.99 known as the Traffic
Cade of the City of Dubuque, be and
the same is herebyy amended by adding
a new Section D•7 thereto as follows:
"D-7 Glen Oak and Vernon."
Sectton 2, That Schedule N of Or•
dinance Na. 33A9, known as the Traf•
fic Code of the City of Dubuqque be
and the same Is hereby amended by
adding a new section 1•g thereto as
follows:
1•g The east aide of Main Street
from Jones Street north to a point 360
feet south of the south line of West
First 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 2nd day of Merch,
f959.
Rule requiring reading on three sepa-
rate days suspended by unanimous
vote the 2nd day pf MarCh 1959,
Passed by recorded roll call vote,
adopted and approved this 2nd day of
March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially in the Telegraph•
Herald newspaper this 6th day of
March 1959.
f,EO F. FROMMELT
City Clerk
lt, 3/0
Councilman Schueller moved the
adoption of the Ordinance. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None,
Absent-Councilman Freund.
ORDINANCE N0. 9-59
An Ordinance Amending Ordi-
nance No. 7-47, by adding Sec-
tions 7.3.19 and 7.320 thereto, pre-
sented and read.
Councilman Schueller moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Councilman Schueller moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days, Seconded by Coun-
cilman Welu. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Council-
men Schueler, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
ORDINANCE N0. 9.59
An Ordinance Amending Ordinance
No. 7.97, byy Adding Sections 7.3.19
and 7.3.20 thereto.
BE rr ORDAINED BY THE CITY
COUNCII. OF THE CITY OF DUBUQUE:
Section 1. That Ordinance No. 7.47 of
the City of Dubuque, be and the same
is hereby amended by adding to Para-
graph 7.3 thereof two new sections to
be known as 7.3.19 and 7.3.20 thereto
as follows:
"7.3.19-the west side of Main Street
from West First Street south
for a distance of 230 feet~
7,3.20-the east side of Main Sireet
from West First Street south
for a distance of 360 feet"
Sectton 2. This Ordinance shall be
in full farce and effect from and after
its final passage, adoption and publi•
cation as by law provided.
Introduced the 2nd day of March,
1959.
Rule requiring reading on three sepa•
rate days suspended by unanimous
vote the 2nd day of March, 1959.
Regular Session, March 2, 1959 123
Passed by recorded roll can vote,
adopted and approved this 2nd day of
March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially in The Telegraph-
Herald newspaper this 6th day of
March 1959.
LEO F. FROMMELT
It, 3/6 City Clerk.
Councilman Schueller moved the ~~
adoption of the Ordinance. Second-
ed by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council•
men Schueller, Takos, Welu.
~ Nays-None.
Absent-Councilman Freund.
Communication of Mrs. Harold
P. Gottschalk opposing the sale of
beer on the premises of Bunker
Hill, but if a permit must be
granted to restrict the selling of
beer to the dining room to be
served only with a meal, presented
and read.
Councilman Takos moved that
the communication be referred to
i the City Manager with instructions
„}q to write a letter to Mrs. Gottschalk
explaining the conditions contem-
plated at Bunker Hill. Seconded by
Mayor Kintzinger. Carried by the
following vote:
~ Yeas-Mayor Kintzinger, Council-
s men Schueler, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Communication of Dubuque Min•
isterial Association opposing the
~Y granting of a beer permit to Bunk-
. er Hill, presented and read.
Councilman Takos moved that
the communication be referred to
the City Manager with instructions
to write a letter to the Dubuque
Ministerial Association explaining
t the conditions contemplated at
Bunker Hill. Seconded by Mayor
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Council-
¢~'. men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
February 27, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: I am attaching an
ordinance repealing Ordinance 26•
~r
I
55 which states that the location of
a building in which the holder of
a Class "B" beer permit is located
shall be within a zoning district
classification of Local Business Dis-
trict "B" or lower,
This new ordinance keeps this
same zoning classification and adds
that a Class "B" beer permit can
be isued to a person conducting a
business on a public park or golf
course of over 20 acres in area,
Respectfully submitted,
L. J. 5CHILTZ,
City Manager
Councilman Welu moved that the
communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
ORDINANCE N0. 10-59
An Ordinance Amending Ordi-
nance No. 9--35 by Repealing Sec•
tion 17A and Enacting a Substitute
therefor, and by Repealing Ordi-
nance No. 26.55, presented and
read.
Councilman Schueller moved that
the reading just had be considered
the first reading of the Ordinance,
Seconded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu,
Nays-None.
Absent-Councilman Freund.
Councilman Schueler moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Welu. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu,
Nays-None.
Absent-Councilman Freund.
ORDINANCE N0. 1059
An Ordinance Amending Ordinance
No. 9.35 by Repealing Section 17A
and Enacting a Substitute therefor,
and by Repealing Ordinance No. 20•
~ 5BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE:
Section 1, That Section 17A of Or•
dinance No. 9.35 be and the same la
hereby repealed and the following en•
acted in neu thereof:
"Section 17A-The location of the
bunding shag be within a Zoning Dis-
tract Classified as Local Business Dis•
tract `B" or lower Classification, or on
a ppublic park or golf Bnks over twenty
(20) acres in area."
Section 2. This Ordinance shall be
in full force and effect from and after
12x4 Regular 'Session, March 2, 1959
a'ts flaai passage, adoption and puba•
nation u by law provided.
Introduced the Znd day of March,
rasa.
;Rule regtdring reading on three sep-
arate days suspended by unanimous
vode Cte 8nd day oY Hamh, rasa.
Passed by recorded roll can vote
adopted and approved this 2nd day of
7darch, 28CY.
trLA&LES A. KINTZIIVGER
6fayor
d~0 N. 9CHUELLIIt
CLARF.biCE P. WTLU
PETER J. 'TAROS
Councnmen
Attest: LEO F. FRO3lMELT
'City Clerk
PubW~ed ot~fally la the Telegraph~
Herali eewapaper dhia Bth day of
March Tai.
Q~0 F, FROMMELT
City Clerk
rt. 98
Coancihnan Schueller moved the
adoption of the Ordinance. Seeond-
ed bq Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council•
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Petition of Justin L. Jchanning•
meier requesting a $25 refund on
cigarette 1rcerise N.o 201, as he
'has discontinued business on Jan-
uary 28, 1859, presented and read.
'Councilman Weln moved that the
refund be granted and the Audi-
tor instructed to draw a warrant
payabte 'te Justin L. Johanning-
meier, 9n the amount of $25, to
rover the amount ~dae an the ari-
expired portion df cigarette li•
cease Ne. 201. 'Seconded by Coun-
cilman 'Takos. Carried by the fol-
lowing vote:
'l'ens--Mayor Ki~atzittger, Coun•
cfhnen Schueller, Takos, Welu.
Nays-None.
Absent-Conncilman Freund.
Petition cf Justin L. Johanning-
meler requesting a $100 refund
on Class B beer license Tao. 78,
as he has discontinaed ~bnsiness
on Jalllrary '28, 1959, presented
and read. Councilman Wehr moved
that the refund be granted and
the Auditor instructed to draw
a warrant payable 'to Justin L.
datianriiggmeier, in the amount of
;108, to cover 'the amount -due on
'the unexpired portion of Class B
beer 'license No. 78. Seconded by
Counellman Takos. Carried by the
Ioliawing vote;
Yeas-Mayor Kintzinger, Coun•
oilmen Schueller, 'Takos, Wetu.
hia~-None.
i1'bserit=Councilman Freund.
>Petition of Al J. Schiltz request-
ing access to Tifarquette Place Pram
tiffs home on Clinton Avenue by
way of the alley on Marquette Ex•
tension, presented and read. Mr.
Al Schiltz addressed the Council
in support of ills petition. Coun•
oilman Schueller moved that the
Council view the grounds. Second•
ed by Councilman Takos. Carried
by the fallowirrg note:
Yeas-Mayor Rigtzinger, C,oun-
cihnen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Frearld.
Petition of C. Ib Murphy et al
objecting to the resurfacing of
4Voodlawa, Karen, Kevindaie and
Lindale streets, presented and
read. Councilman Welu moved
that action on the petition be de-
ferred atrtii the time of the public
bearing on the proposefl improve-
ment. Seconded by Councilman Ta-
>~os. Cried by the following vote:
Yeas-Mayor Rintziriger, Coun•
oilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Petition of W. W. Bockhaus et al
objecting to the proposed eol~truc•
Lion of .sidewalks on Woodlawn,
Kareq Kevindale and Lindale
streets, presented and read. Coun•
cilmaai Wehi moved that action on
the petition be deferred ,until the
time of the public hearing on the
proposed improvement. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Afayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilmaa Freund.
.Petition of James C. We1u et al
objecting to the proposed construc-
tion of sidewalks on Woodlawn
street, presented and read. Coan•
cihnan Weln moved that action on
the petition be deferred until the
bime a~f the prlhlic hearing on the
proposed improvement. Seconded
by Councilman Takos. Carried by
'Che fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Petition of Joseph L. Schubert
et al requesting ,a street light is
the 2700 block on Beverly avenge,
presented and read. Councilman
'Takos moved that the petition be
referrefl to the Ctty Manager and
Regular Session, March 2, 1959 125
Electrical Inspector far investiga-
tion and report. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas--Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Petition of Mrs. Elizabeth Plaog
et al objecting to the proposed
parking lot at 11th and Bluff
Street, presented and read. Coun-
cilman Schueller moved that the
petition be referred to the City
Manager with instructions that a
letter be sent to the petitioners in
answer to the questions raised in
the petition. Seconded by Council-
man Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Petition of Veterans of Foreign
Wars requesting permission to
hold aPoppy -sale on March 13th
and 14th, presented and read.
Councilman Welu moved that the
petition be granted providing
there are on conflicting dates. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
January 29, 1959
To the Honorable Mayor
and -City Council
Dubuque, Iowa
Gentlemen:
The Final plat of Steichen Subdi-
vision located on Roosevelt St,
and consisting of six lots has been
examined by the Planning & Zon-
ing Commission.
This plat conforms to the re•
gnirements of the Subdivision Or•
dinance but there is no public sew-
er immediately adjacent. All the
lots except Lot 2 could possibly be
temporarily served by Septic
Tanks. Lot 2 with a house prop-
erly located upon same would not
leave enough area for a septic
tank and drainage field to proper-
ly operate.
Therefore the Planning & Zon-
ing Commission approves the Final
Plat of Steichens Sub, with the
stipulation that a building permit
or septic tank permit should not
be issued for Lot 2 until sewer is
available.
Respectfully submitted,
Dubuque Planning & Zoning
COmIn1sS1On
By Owen Riley, Acting-Secy.
Mayor Kintzinger moved ap-
proval of the recommendation. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0.33--59
Resolution Approving Plat of
Steichen Subdivision in the City
of Dubuque, Iowa.
Whereas there has been filed
with the City Clerk a plat in which
Lot 1 of Lot 2 of Lot 5 of Mineral
Lot 307a in the City of Dubuque,
Iowa is platted as Lot's 1, 2, 3, 4,
5 and 6 "Steichen Subdivision" in
the Cityof Dubuque, Iowa and,
Whereas said plat has been ex-
amined by the City Plan Commis•
sion and had its approval endorsed
thereon; and,
Whereas said plat has been ex•
amined by the City Council and
they find the same conforms to the
Statutes and Ordinances relating
thereto;
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa:
Section 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
aathorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this 2nd day of March A.D., 1959.
CHARLES A. KINTZINGER,
Mayor
LEO N. SCHUELLER,
CLARENCE P. WELU,
PETER J. TAKOS,
Councilmen
Attes: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
'., ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Council-
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
12t; Tlegular Session, March 2, 1959
RESOLUTION N0.34-59
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit
to sell cigarettes and cigarette
papers within said City.
Name Address
Mrs. Louise Pitz, (Effective April
1, 1959) 1900 Washington Street
Mrs. Lucille Hough (Effective April
1, 1959) 553 Eighth Avenue.
Thomas E. Nacos (Effective April
1, 1959) 7-B Fischer Building
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 2nd day of March, 1959.
CHARLES A. KINTZINGER,
Mayor
LEO N. SCHUELLER,
CLARENCE P. WELU,
PETER J. TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Council•
men Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 35.59
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following applications be
granted and licenses be issued
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Herbert E, and Emil F. Althaus,
1575 Central Avenue
Kenneth J. Love, 37 Eighth Ave•
nue
Mathias A. Schneller, 132 Eighth
Avenue
Jay M. Riedi, 1543 Central Avenue
Donald M. Love, 250 West 6th
Street
Mrs. Louise Pitz, 1900 Washington
Street
Alan R. Uppinghouse, 238.240 West
6th Street
Mrs. Lucille Haugh, 553 Eighth
Avenue
CLASS "B" PERMIT
FOR PRIVATE CLUB
Fischer Bowling Lanes Club, 880
Locust Street
CLASS "C" PERMIT
Ernest W. Pfalzgraf, 1300 Central
Avenue
Passed, adapted and approved
this 2nd day of March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Takos. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 36.59
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the approv-
al of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is di-
rected to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Herbert E, and Emil F. Althaus,
1575 Central Avenue
Kenneth J. Love, 37 Eighth Avenue
Mathias A. Schneller, 132 Eighth
Avenue
Jay M. Riedi, 1543 Central Avenue
Donald M. Love, 250 West 6th
Street
Mrs. Louise Pitz, 1900 Washington
Street
Alan R. Uppinghouse, 238.240 West
6th Street
Mrs. Lucille Hough, 553 Eighth
Avenue
Charles Wieser, 543 Eighth Avenue
Regular Session, March 2, 1959 127
CLASS "B" PERMIT
FOR PRIVATE CLUB
Fisher Bowling Lanes Club, 880
Locust Street
CLASS "C" PERMIT
Ernest W. Pfalzgraf, 1300 Central
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 2nd day of March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N,SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Communication of Dubuque Air•
port Commission submitting a res•
olution that if a proposed property
tax be levied by the Iowa Legisla-
ture that the-tax be reverted back
to the Airports for maintenance
purposes, presented and read.
Councilman Takos moved that the
communication be received and
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 37.59
WHEREAS, the Dubuque City
Council met in Regular Session
this 2 day of March, 1959 at 7:30
P.M, at the City Hall, Dubuque,
Iowa to discuss Senate Bill No, 69,
and
WHEREAS, Senate Bill No. 69 is
to be introduced to the Iowa Legis-
lature to levy a property tax on
the scheduled airline's aircraft op-
erating into the State of Iowa,
and whereas, a property tax on
the scheduled airline's aircraft
would discourage the airlines from
adding additional air service into
Iowa cities; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa to be opposed to Senate Bill
No. 69.
BE IT FURTHER RESOLVED
by the Dubuque City Council that
if a property tax be levied on the
scheduled airlines serving Du-
buque and other Iowa Cities with
air service that the funds collect-
ed from such tax revert back to
the Cities served by the scheduled
airlines and not be placed in the
States General Fund. Insofar as
the State of Iowa has invested no
funds for the construction or main-
tenance of municipal airports in
the State served by scheduled air-
lines.
Passed, adopted and approved
this 2 day of March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 38.59
Preliminary approval of the pro•
posed plans, specifications, form
of contract, and all other docu-
ments for the proposed City of
Dubuque 1959 Grading Project
No. 1, at an estimated cost of
$131,959.58, on the following
named streets.
Section No. 1-Chaney Road
from North property line of
Asbury Road to the south
property line of Kaufmann
Avenue.
Section No. 2-North Grandview
Extension from north prop-
erty line of Ungs street to
station 58+00.
Section No. 3-North Grandview
Extension from north prop-
erty line of Kaufmann Avenue
to the south property line of
Kane street.
Section No. 4-North Grandview
from Station 56+00 to south
property line of Kaufmann
Avenue,
presented and read.
128 Regular Session, March 2, 1959
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent--Councilman Freund.
Necessity for Improvement
RESOLUTION NO. 39.59
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The streets to be improved.
2. The width of such improve-
ment.
3. An estimtae of the cost of
the proposed improvement, stat-
ing the same for each different
type of construction and kind of
material to be used.
Proposed City of Dubuque 1959
Grading Project No. 1
Section No. 1-Chaney Road
from north property line of
Asbury Road to the south
property line of Kaufmann
Avenue.
Section No. 2-North Grandview
Extension from north prop-
erty line of Ungs Street to
Station 56+100.
Section No. 3-North Grandview
Extension from north prop-
erty line of Kaufmann Avenue
to the south property line of
Kane street.
Section No. 4-North Grandview
from Station 56+00 to south
property line of Kaufmann
Avenue.
BE 1T THEREFORE RESOLVED
that the City Council on its own
motion deems it advisable and nec-
essary for the public welfare to
make the herein mentioned im-
provement.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore 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 paid from the Street
Improvement funds.
The above resolution was intro-
duced, approved .and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
Approved and placed on file for
final action.
Approved:
.CHARLES A. KINTZIlVGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
approval of the resolution. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent Councilman Freund.
(Fixing date of hearing)
RESOLUTION N0. 40.59
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 38.59 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the
Proposed City of Dubuque 1959
Grading Project No. 1
Section No. 1-Chaney Road
from north property line of
Asbury Road to the south
property line of Kaufmann
Avenue.
Section No. 2-North Grandview
Extension from north proper-
ty line of Ungs street to Sta•
tion 56.00.
Section No. 3-North Grand-
view Extension from north
property line of Kaufmann
Avenue to the south property
line of Kane street.
Section No. 4-North Grand-
view from Station 56-00 to
south property line of Kauf•
mann Avenue, and,
WHEREAS, the proposed Reso-
lution of Necessity for said im•
provement has been introduced
and is now on file in the 'City
Clerk's office for public inspec•
tion,
BE IT THEREFORE RESOLVED
that on the 30th day of March
1959, a public hearing will be: held
i
~~~
v
,~
,V,
i ,
Regular Session, l~larch 2, 1959 129
at 7:30 o'clock P.M. in the Council
Chamber in the City of Dubuque
at which time the owners of prop-
erty subject to assessment for the
proposed improvement may appear
and make objection to the pro•
posed plans and specifications and
proposed farm of contract to the
cost of the improvement, and to
the passage of the proposed Reso•
lotion of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
lished in some newspaper pub-
lished in the City of Dubuque, the
last of which shaIl be not less
than two (2) nor more than four
(4) weeks prior to the day fixed
for its consideration at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this'2nd day of March, 1959.
CHARLES A. KIlVTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
March 2, 1959
Ta the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
sheets No. 1 to 19 inclusive show-
ing aschedule of the proposed val-
uations and proposed assessments
for the City of Dubuque 1959 Con-
crete Curb & Gutter Project No. 1.
Submitted March 2, 1959.
K. J. Cullen
City Engineer
Mayor Kintzinger moved that
the communication be received
and filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays--None.
Absent--Councilman Freund.
RESOLUTION N0. 41.59
Be It Resolved by the City Coun•
cil of the City of Dubuque, Iowa.
Section 1. That the attached
sheets No. 1 to 19 inclusive are
hereby determined to be the
schedule of proposed assessments
for the City of Dubuque 1959 Con•
crate Curb and Gutter Project
No. 1.
Adopted this 2nd day of March,
1959.
CHARLES A. KIIVTZIlVGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the' resolution. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0, 42.59
Preliminary approval of the pro•
posed plans, specifications, form
of contract, plat and schedule, in•
cludiag valuations appearing there-
on, and all other documents for
the proposed improvement of City
of Dubuque 1959 Concrete Curb
and Gutter Frojett No. 1 at an
estimated cost of $111,112.70 on
the following portions of the fol-
lowing named streets;
Section I.
1. Illinois Avenue from west
property line of Drevel to the
south property line of Penn•
Sylvania Avenue.
2. Ohio avenue from south prop-
erty line of Pennsylvania to
north property line of Illi•
nois Avenue.
3. Alpha Avenue from south
property line of Illinois ave•
nue to north property line of
VanBuren street.
4. Evergreen street from north
property line of Lindale street
to south property line of Kauf•
mann Avenue.
5. Kaufmann Avenue from east
property line of Evergreen to
east property line of Theda
Drive.
130 Regular Session, March 2, 1959
6, Burlington street from south
property line of Primrose to
west property line of Musca•
tine street.
7. Kane street from north prop-
erty line of Kaufmann Avenue
to east property line of Prim•
rose street.
8. Collins street from south prop-
erty line of Lombard street to
south property line of St. Jo-
seph street.
9. 16th street from east property
line of Sycamore street to a
point 285 feet east of east prop-
erty line of Marsh street.
10. Marquette Street turn around
at end of street.
11. Harrison street from south
property line of Jones to north
property line of Dodge street.
12. Lindale street from east prop-
erty line of Woodlawn street
to west property line of Carter
Road.
13. Alta Place from north prop-
erty line of Delaware street to
south property line of Green
street.
14. Born avenue from south prop-
erty line of Indiana avenue to
north property line of Ridge•
way avenue.
15. McClain street from north
property line of Dodge street
to point 170.55' north.
Section II.
1. Chaney Road from north prop-
erty line of Asbury road to
south property line of Kauf-
mann Avenue.
Section III.
1. North Grandview from north
property line of Ungs street
to south property line of Kane
street.
presented and read.
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
(Necessity for Improvement)
RESOLUTION N0. 43.59
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre•
pared and approved by the City
Council of the City of Dubuque
8nd are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the district,
if any.
2. The streets to be improved.
3. The width of such improve-
ment, and 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 cost of
the proposed improvement, stat•
ing the same for each different
type of construction and kind of
material to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the
Proposed City of Dubuque 1959
Concrete Curb & Gutter Project
No. 1.
Section I.
1. Illinois Avenue from west
property line of Drexel to the
south property line of Penn-
sylvania Avenue.
2. Ohio avenue from south prop-
erty line of Pennsylvania to
north property line of Illinois
Avenue.
3. Alpha Avenue from south prop-
erty line of Illinois avenue to
north property line of Van
Buren street.
4. Evergreen street from north
property line of Lindale street
to south property line of Kauf-
mann Avenue.
5. Kaufmann Avenue from east
property line of Evergreen to
east property line of Theda
Drive.
6. Burlington street from south
property line of Primrose to
west property line of Musca-
tine street.
7. Kane street from north prop-
erty line of Kaufmann Avenue
to east property line of Prim-
rose street,
8. Collins street from south prop-
erty line of Lombard street to
south property line of St. Jo-
seph street.
9. 16th street from east property
line of Sycamore street to a
point 285 feet east of east prop-
erty line of Marsh street.
10, Marquette Street turn around
at end of street.
11. Harrison Street from south
property line of Janes to north
property line of Dodge street.
Regular Session, March 2, 1959 131
12. Lindale street from east prop-
erty line of Woodlawn street ,
to west property line of Carter
Road.
' 13. Alta Place from north prop-
erty line of Delaware street
't to south property line of
Green street.
14. Born avenue from south prop-
~` erty line of Indiana avenue to
north property line of Ridgeway
avenue.
15. McClain street from north
property line of Dodge street
;t, to point 170.55' north.
Section II.
`~ 1. Chaney Road from north prop~
'; erty line of Asbury road to
~ south property line of Kauf-
' mann Avenue.
Section III.
1. North Grandview from north
property line of Ungs street to
south property line of Kane
street.
BE IT THEREFORE RESOLVED
r, that the City Council on its own
motion, deems it advisable and
necessary for the public welfare to
make the herein mentioned im-
^'t provement, and unless property
owners at the time of the final
consideration of this proposed res-
olution 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 improvements shall be con-
, structed and done in accordance
's. with the plans and specifications
which have been prepared there-
. fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cast and
expense of making said 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 street improve-
'' ment funds. Bonds shall be issued
and sold in anticipation of de•
ferred payments of assessments
when a contract has been per-
formed and accepted and the pro-
ceeds thereof used to pay the con-
tractor, The railway portion of any
street or assessment district shall
be assessed to and paid by the rail-
way company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
Approved and placed on file for
final action.
Approved:
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the ap-
proval of the resolution. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
(Fixing date of hearing)
RESOLUTION N0.4459
WHEREAS, the City Council of
' the City of Dubuque, Iowa, has by
Resolution No. 42-59 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
PROPOSED CITY OF DUBUQUE
1959 CONCRETE CURB & GUT-
TER PROJECT N0. 1.
Section I.
1. Illinois Avenue from west
property line of Drexel to the
south property line of Penn•
sylvania Avenue.
2. Ohio Avenue from south prop-
erty line of Pennsylvania to
north property line of Illinois
Avenue.
3. Alpha Avenue from south
property line of Illinois Ave-
nue to north property line of
VanBuren street.
4. Evergreen street from north
property line of Lindale street
to south property line of Kauf•
mann Avenue.
5. Kaufmann Avenue from east
property line of Evergreen to
east property line of Theda
Drive.
132 Regular Session, Marche 2, 1959
6: Burlington Street from south
property line of Primrose to
west property line of Musca-
tine street.
7.' Kane Street from north prop-
erty line of Kaufmann Avenue
to east property line of Prim•
rose street.
8. Collins street from south prop-
erty line of Lombard street to
south property line of St. Jo•
seph street.
9. 16th street from east property
line of Sycamore street to a
point 285-feet east of east prop-
erty.line of Marsh street.
10. Marquette. Street turn. around,
at end of street.
il. Harrison Street from south
property .line of Jones to north'
property line of Dodge street..
12. Lindale street. from east prop-
etty line of Woodlawn street to
west property line of Carter
Road.
13_ Alta Place from north property
line of Delaware street to
south property line of Green
street:
14. Born avenue from south prop-
erty line of Indiana avenue to
north property line of Ridge•
way avenue.
15. McClain street from north
property line of Dodge street
to point 170.55' north.
Section II.
1: Chaney Road from north prop-
erty line of Asbury road to
south property line of Kauf•
moan Avenue..
Section III..
1. North Grandview from north
property line of Ungs street
to south property line of Kane
street.
and,
WIiEREA5, the proposed Resolu•
tiom of Necessity for said improve
meat has. been introduced and is
now on file in the City Clerk's
office for. public inspection,.
BE 1T THEREFORE RESOLVED
that on the 30th day of March
1959, a public hearing will be held
at 7,30 o'elock P.M, in the Council
Chamber in the City of Dubuque
at•'which'hime-the owners of prop-
erty subject to assessment for the
proposed improvement may appear
and make objection to the pra•
posed plans and specifications and
proposed form of contraet and at
the same time to the boundaries
of the proposed district, to the cost
of the improvement, to the amount
proposed to be assessed against
auy lot and to the passage of the
proposde Resolution of Necessity
and the City Clerk be and he is
hereby directed to cause a notice
of the time and place of such hear-
ing to be published in some news-
paper published in the City of Du•
buque, the last of which shall be
not less than two (2) nor more
than four (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said res-
olution have on file with the Clerk
objections to the. amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record
its final decision thereon.
Passed, adopted and approved
this 2nd day of March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved
the adoption of the resolution. Sec•
onded by Councilman Welu. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
March 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
sheets No. 1 to 18 inclusive show-
ing a schedule of the proposed
valuations and proposed assess
meats for the City of Dubuque
1959 Bituminous Concrete Surfac•
ing Project No. 1.
Submitted March 2, 1959.
K. J. CULLEN
City Engineer
Mayor Kintzinger moved that
`the communication be received
and filed. Seconded by Council-
man Schueller. Carried by the fol•
lowing vote:
!y,
I:;',;
i;
s
M'.
,~
,r
~i
Regular Session, March 2, 1959 133
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 45.59
Be It Resolved by the City Coun•
cil of the City of Dubuque, Iowa.
Section 1. That the attached sheets
No. 1 to 18 inclusive are hereby
determined to be the schedule of
proposed assessments for the City
of Dubuque 1959 Bituminous Con•
Crete Surfacing Project No. 1, and
the valuations set out therein are
hereby approved.
Adopted this 2nd day of March
1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCIIUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second•
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 46.59
Preliminary approval of the pro•
posed plans, specifications, form
of contract, plat and schedule, in•
eluding valuations appearing there-
on, and all other documents for
the proposed City of Dubuque 1959
Bituminous Concrete Paving Proj-
ect No. 1, at an estimated cost of
$123,178.67 on the following por•
tions of the following named
streets;
1. Kaufmann Avenue from the
west property line of Carter
Road to the east property line
of Theda Drive.
2. Evergreen Street from the
north property line of Lindale
street to the south property
line of Kaufmann Avenue.
3. Woodlawn from the north
property line of Asbury Road
to the north end of street.
4. Lindale street from the west
property line of Carter Road
to the east property line of
Evergreen Street.
5. Karen Road from the west
property line of Carter Road
to the east property line of
Evergreen street,
6. Kevindale street from the
north property line of Karen
Road to the south property
line of Lindale street.
7. Carter Road from the north
property line of Kaufmann ave•
nue to the north property line
of Kane street.
8. Kane street from the east prop-
erty line of Lot 2-1 Willy Place
to the east property line of
Lot 1.1.1 of Olds Place.
9. Kane street from the east
property line of Carter Road
to the east property line Lot
2, Block 4, Scenic View
Heights.
10. Kane street from the north
property line of Kaufmann
Avenue to the east property
line of Primrose street.
11. Burlington street from the
south property line of Prim-
rose street to the west prop-
erty line of Muscatine street.
12. Solon street from the east
property line of Booth street
to the west property line of
Nevada street.
13. Adeline street from Ramona
to end of street
14. McClain street from north
property line of Dodge street
to a point 170.5' north.
Section II.
1. Chaney Road from the north
property line of Asbury Road
to the south property line of
Kaufmann Avenue, presented
and read.
Councilman Welu moved the
adoption of the resolution. Second•
ed by Councilman Takos, Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
(Necessity for Improvement)
RESOLUTION N0. 47.59
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and. are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the dis•
trict, if any.
134 Regular Session, March 2, 1959
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as•
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the
proposed City of Dubuque 1959 Bi-
tuminous Concrete Paving Project
No. 1 on the following portions of
the following named streets:
1. Kaufmann Avenue from the
west property line of Carter
Road to the east property line
of Theda Drive.
2. Evergreen Street from the
north property line of Lindale
street to the south property
line of Kaufmann Avenue.
3. Waodlawn from the north
property line of Asbury Road
to the north end of street.
4. Lindale street from the west
property line of Carter Road
to the east property line of
Evergreen Street.
5. Karen Road from the west
property line of Carter Road
to the east property line of
Evergreen street.
6. Kevindale street from the
north property line of Karen
Road to the south property
line of Lindale street.
7. Carter Road from the north
property line of Kaufmann
avenue to the north property
line of Kane street.
8. Kane street from the east
property line of Lot 2-1 Willy
Place to the east property Line
of Lot 1.1.1 of Olds Place.
9. Kane street from the east
property line of Carter Road
to the east property line Lot
2, Block 4, Scenic View Heights.
10. Kane street from the north
property line of Kaufmann
Avenue to the east property
line of Primrose street.
11. Burlington street from the
south property line of Prim-
rose street to the west prop-
erty line of Muscatine street.
12. Solon street from the east
property line of Booth street
to the west property line of
Nevada street.
13. Adeline street from Ramona to
end of street.
14, McClain street from north
property line of Dodge street
to a point 170.5' north.
Section II.
1. Chaney Road from the north
property line of Asbury Road
to the south property line of
Kaufmann Avenue.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion deems it advisable and nec-
essary 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 res-
olution 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 improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk, That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop•
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the street improve•
ment funds. Bonds shall be issued .
and sold in anticipation of de-
ferred payments of assessments
when a contract has been per-
formed and accepted and the pro•
ceeds thereof used to pay the con-
tractor. The railway portion of any
street or assessment district shall
be assessed to and paid by the
railway company,
The above resolution was intro•
doted, approved and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
Approved and placed on file for
final action.
Regular Session, March 2, 1959 135
Approved:
CHARLES A. KINTZINGER
Mayor
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest:
LEO F. FROMMELT
City Clerk
Councilman Welu moved the ap-
proval of the resolution, Seconded
by Councilman Takas, Carried by
the following vote:
I
' Yeas-Mayor Kintzinger, Coun-
~ cilmen Schueller, Takos, Welu.
Nays-None.
I Absent-Councilman Freund.
`~ (Fixing. date of hearing)
RESOLUTION N0. 48.59
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No, 46.59 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 proposed
City, of Dubuque 1959 Bituminous
Concrete Paving Project No. 1 on
~" ', the following portions of the fol-
lowing named streets:
1. Kaufmann Avenue from the
west property line of Carter
` Road to the east property line
of Theda Drive.
2. Evergreen Street from the
I north property line of Lindale
street to the south property
line of Kaufmann Avenue.
3. Woodlawn from the north
.~, ~ property line of Asbury Road
~ to the north end of street.
i,F 4. Lindale street from the west
;; property line of Carter Road
~ to the east property line of
~*' Evergreen Street.
~ 5. Karen Road from the west
~~ property line of Carter Road to
the east property line of Ever-
F green street.
6. Kevindale street from the
north property line of Karen
~ Road to the south property line
of Lindale street.
7. Carter Road from the north
property line of Kaufmann
avenue to the north property
line of Kane street.
8. Kane street from the east prop•
erty line of Lot 2.1 Willy Place
to the east property line of
Lot 1-1-1 of Olds Place.
9. Kane street from the east prop•
erty line of Carter Road to
the east property line Lot 2,
Block 4, Scenic View Heights.
10. Kane street from the narW
property line of Kaufmann
Avenue to the east property
line of Primrose street.
11. Burlington street from the
south property line of Prim•
rose street to the west prop-
erty line of Muscatine street.
12. Solon street from the east
property line of Booth street
to the west property line of
Nevada street.
13. Adeline street from Ramona to
end of street.
14. McClain street from north
property line of Dodge street
to a point 170,5' north.
Section II.
1, Chaney Road from the north
property line of Asbury Road
to the south property line of
Kaufmann Avenue.
and,
WHEREAS, the proposed Reso-
lotion of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec-
tion,
BE IT THEREFORE RESOLVED
that on the 30th day of March,
1959, a public hearing will be held
at 7:30 o'clock P. M, in the Coun-
cil Chamber in the City of Du-
buque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the bound-
aries of the proposed district, to
the cost of the improvement, to
the amount proposed to be as-
sessed against any lot and to the
passage of the proposed Resolu-
tion of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
lished in some newspaper pub-
lished in the City of Dubuque, the
last of which shall be not less
than two (2) nor more than four
(4) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
final consideration of said resolu-
tion have on file with the clerk ob•
136 Regular Session, March 2, 1959
jections to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 2nd day of March, 1959.
CHARLES A. KIlVTZIIQGER
Mayor
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk ',
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
March 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
sheets No. 1 to 23 inclusive show-
ing a schedule of the proposed
valuations and proposed assess-
ments for the City of Dubuque
1959 Hot Mix-Hot Laid Asphaltic
Concrete Paving Project No. 1.
Submitted March 2, 1959.
K, J. CULLEN
City Engineer
Mayor Kintzinger moved that
the communication be received
and filed, Seconded by Council-
man Schueller. Carried by the fol•
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
RESOLUTION N0. 49.59
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa.
Section 1. That the attached
sheets No. 1 to 23 inclusive are
hereby determined to be the sched-
ule of proposed assessments for
the City of Dubuque 1959 Hot
Mix-Hot Laid Asphaltic Concrete
Paving Project No. 1, and the valu-
ations set out therein are hereby
approved.
Adopted this 2nd day of March
1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELD
PETER J. TAKOS
Councilmen
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Rintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilmen Freund.
RESOLUTION N0. 50.54
Preliminary approval of the pro-
posed plans, specifications, farm
of contract, plat and schedule, in-
cluding valuations appearing there-
on, and all other documents for
the proposed City of Dubuque
1959 Hot Mix-Hot Laid Asphaltic
Concrete Paving Project No. 1 at
an estimated cost of $129,248.43 on
the following portions of the fol-
lowing named streets and alleys:
1. Alley between Main and Lo-
cust rasing from the north
property line of Jones street
to the south property line of
12th street,
2. 10th street from west property
line of Central to the east
property line of Bluff Street.
3. 22nd Street from east property
line of Central to south prop-
erty line of Windsor Avenue.
4. East 16th street from east
property line of Elm street to
a point 285 feet east of east
property line of Marsh street.
5. 3rd street from east property
line of Iowa street east to rail-
road tracks.
6. Harrison street from south
property line of Jones street
to north property line of
Dodge Street.
7. Shields street from north prop-
erty line of Jones street to
east property line of Main
street.
8, Alley between Iowa and Cen-
tral running from north prop-
erty line of 4th Street to the
alley first south of 13th street,
presented and read.
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Regular Session, March 2, 1959 137
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
(Necessity for Improvement)
( RESOLUTION N0. 51•S9
I WHEREAS, proposed plans, spec•
ifications, form of contract, plat
and schedule have been duly pre•
pared and approved by the City
~~` Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundaries of the district,
if any.
f 2. The streets to be improved.
3. The width of such improve-
r ment.
4. Each lot proposed to be as-
sessed together with a valuation
'~ fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be as•
sensed against each lot, for the
~Ym proposed City of Dubuque 1959
Hot Mix-Hot Laid Asphaltic Con-
Crete Surfacing Project No. 1 on
the following portions of the fol-
lowing named streets and alleys:
1. Alley between Main and Lo-
~` cunt running from the north
property line of Jones street
to the south property line of
12th street.
2. 10th street from west property
line of Central to the east
~ ~ property line of Bluff Street.
3. 22nd Street from east property
' line of Central to south prop-
erty line of Windsor Avenue.
4, East 16th street from east
groperty line of Elm street to
a point 285 feet east of east
j .' property line of Marsh street.
5. 3rd street from east property
line of Iowa street east to
railroad tracks.
+ r B. Harrison street from south
property line of Jones street
to north property line of
Dodge Street.
7. Shields street from north prop-
~ erty line of Jones street to
~' east property line of Main
~ "~ street.
8. Alley between Iowa and Cen-
tral running from north prop-
erty line of 4th Street to the
alley first south of 13th street,
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed
resolution have on file with the
City Clerk objections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits cronferred
thereby, and any deficiency shall
be paid out of the street improve-
ments funds. Bonds shall be issued
and sold in anticipation of de-
ferred payments of assessments
when a contract has been per-
formed and accepted and the pro-
ceeds thereof used to pay the con-
tractor. The railway portion of
any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
Approved and placed on file for
final action.
Approved:
CHARLES A. KIIJTZINGER
Mayor
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Welu moved the ap-
proval of the resolution. Seconded
138 Regular Session, March 2, 1959
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent--Councilman Freund.
(Fixing date of hearing)
RESOLUTION NO. 54.59
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 50-59 given its pre-
liminary approval an 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 proposed
City of Dubuque 1959 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No. 1, on the following
portions of the following named
streets and alleys:
1, Alley between Main and Lo-
cust running from the north
property line of Jones street
to the south property line of
12th street.
2. 10th street from west property
line of Central to the east
property line of Bluff Street.
3. 22nd Street from east property
line of Central to south prop•
erty line of Windsor Avenue.
4. East 16th street from east
property line of Elm street to
a point 285 feet east of east
property line of Marsh street.
5. 3rd street from east property
line of Iowa street east to
railroad tracks.
6. Harrison street from south
property line of Jones street
to north property line of
Dodge Street.
7. Shields street from north prop• ~'
erty line of Jones street to
east property line of Main
street.
8. Alley between Iowa and Cen•
tral running from north prop-
erty line of 4th Street to the
alley first south of 13th street,
and,
WHEREAS, the proposed Reso•
lution of Necessity for said im•
provement has been introduced
and is now on file in the City
Clerk's office far public inspection,
BE IT THEREFORE RESOLVED
that on the 30th day of March,
1959, a public hearing wilt be held
at 7:30 o'clock P. M. in the Coun•
cil Chamber in the City of Du•
buque at which time the owners of
property subject to assessment for
the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed' Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
'such hearing to be published in
some newspaper published in the
City of Dubuque, the last of which
shall be not less than two (2) nor
more than four (4) weeks prior
to the day fixed for its considera-
tion and unless property owners
at the time of final consideration
of said resolution have on file
with the Clerk objections to the
amount of the proposed assess-
ment, they shall have been
deemed to have waived all ob-
jections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 2nd day of March, 1959.
CHARLES A. KINTZINGER
Mayor
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest; LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
Councilman Schueller moved
that Mr. Irvin Oeth be reappoint-
ed to the Board of Zoning Adjust•
ment for a five year term expir•
ing March 5, 1964. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
There being no further business
Councilman Welu moved to ad-
journ. Seconded by Councilman Ta-
kos. Carried by the following vote:
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Regular Session, March 2, 1959 139
Yeas-Mayor Kintzinger, Coun-
cilmen Schueller, Takos, Welu.
Nays-None.
Absent-Councilman Freund.
LEO F. FROMMELT
City Clerk
Approved ....................................1959
Adopted ......................................1959
Councilmen l ....................................
Attest ................................................
City Clerk
140 Special Session, March 30, 1959
CITY COUNCIL
Special Session, March 30, 1959.
Council met at 7:30 P.M,
Present -Mayor Kintzinger,
Councilmen Freund, Schueller, Ta•
kos, Welu. City Manager Schiltz.
Mayor Kintzinger read the Call
and stated that service thereof had
been duly made and that this
meeting is called for the purpose
of conducting a public hearing on
City of Dubuque 1959 Grading
Project No. 1; City of Dubuque
1959 Concrete Curb and Gutter
Project No. 1; City of Dubuque Bi-
tuminous Concrete Paving Proj•
ect No. 1; City of Dubuque 1959
Hot Mix•Hot Laid Asphaltic Con•
Crete Paving Project No. 1, and
acting on any other business that
may properly come before a regu-
lar meeting of the City Council.
Proof of Publication, certified to
by the Publisher, of Notice of Pen•
dency of Resolution of Necessity
for public improvements and hear-
ing upon proposed plans and speci-
fications, form of contract and
cost of improvements for the City
of Dubuque 1959 Grading Project
No. 1, on the following portions
of the following named streets:
Section No, 1-Chaney Road from
north property line of Asbury
Road to the south property line
of Kaufmann Avenue.
Section No. 2--North Grandview
Extension from north property
line of Ungs street to station
5fi+00.
Section No. 3-North Grandview
Extension from north property
line of Kaufmann Avenue to the
south property line of Kane
street.
Section No, 4-North Grandview
from Station 56+00 to south
property line of Kaufmann Ave•
nue, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Councilman Schueller moved
that the proof of publication be
received and filed.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Decision of Council upon objee•
Lions to plans, specifications,
form of contract and cost of im•
provements.
RESOLUTION NO. 53.59
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1959 Grad-
ing Project No. 1.
Section No. 1-Chaney Road from
North Property Line of Asbury
Road to the South Property Line
of Kaufmann Avenue,
Section No. 2-North Grandview
Extension from North Property
Line of Ungs Street to Station
56+00.
Section No. 3-North Grandview
Extension from North Property
Line of Kaufmann Avenue to
the South Property Line of
Kane Street.
Section No. 4-North Grandview
from Station 56+00 to South
Property Line of Kaufmann Ave-
nue.
have been approved by the City
Council of the Citp of Dubuque
and public notice given as pro
vided by Chapter 23 of the Code
of Iowa, 1950, pertaining to pub-
lic contracts and bonds, and the
time and place fixed for the hear-
ing of all objections to said plans,
specifications or contract for or
cost of such improvements, said
time being this 30th day of March,
1959; and
WHEREAS, the City Council
met in special session this 30th
day of March, 1959, at 7:30 o'clock
P.M, at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the 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 par-
ties have been given an opportun•
ity to be heard and all objections
which 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,
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Special Session, March 30, 1959 141
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same 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 cost
said improvement be made a mat-
ter of permanent record in con-
nection with said improvement.
passed, adopted and approved this
30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU i
PETER J, TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor I{intzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 39.59
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The streets to be improved.
2. The width of such improve-
ment.
3. An estimate of the cost of
the proposed improvement, stat-
ing .the same for each different
type of construction and kind of
material to be used,
Proposed City of Dubuque 1959
Grading Project No. 1.
Section No. 1--Chaney Road from
North property line of Asbury
Road to the south property line
of Kaufmann Avenue.
Section No. 2-North Grandview
Extension from north property
line of Ungs Street to Station
56+00.
Section No. 3-North Grandview
Extension from north property
line of Kaufmann Avenue to
the south property line of Kane
street.
Section No. 4-North Grandview
from Station 56+00 to south
property line of Kaufmann Ave•
nue.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion deems it advisable and nec-
essary for the public welfare to
make the herein mentioned im-
provement.
Said improvements shall be
constructed and done in accord-
ance with the plans and specifi•
cations which have been prepared
therefore 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 im•
provement will be paid from the
Street Improvement funds.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro•
posed, by the City Council this
30th day of March 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest; LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 54.59
Be It Resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 39.59 which was duly
passed by this Council, for the
CITY OF DUBUQUE 1959
GRADING PROJECT N0. i
Section No. 1--Chaney Road from
North Property Line of Asbury
142 Special Session, March 30, 1959
Road to the South Property Line
of Kaufmann Avenue.
Section No. 2-North Grandview
Extension from North Property
Line of Ungs Street to Station
56+00.
Section No. 3-North Grandview
Extension from North Property
Line of Kaufmann Avenue to
the South Property Line of Kane
Street.
Section No. 4-North Grandview
from Station 56+00 to South
Property Line of Kaufmann Ave-
nue.
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
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE 1T FURTHER RESOLVED
that the cost and expense of the
said improvements be paid out of
the street improvement funds of
the city.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 140 calendar days af-
ter notice to proceed is issued.
(Section I-21 days) (Section II-
60 days) (Section III-14 days)
(Section N-45 days)
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.
Passed, adapted and approved
this 30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
Pendency of Resolution of Neces•
sity for Public improvements and
hearing upon proposed plans and
specifications, form of contract,
and cost of improvements far City
of Dubuque 1959 Concrete Curb
and Gutter Project No. 1 on the
following portions of the follow-
ing named streets:
Section I.
1, Illinois Avenue from West
Property Line of Drexel to the
South Property Line of Penn-
sylvania Avenue.
2, Ohio Avenue from South Prop-
erty Line of Pennsylvania to
North Property Line of Illi•
nois Avenue.
3. Alpha Avenue from South
Property Line of Illinois Ave-
nue to North Property Line
of VanBuren Street.
4. Evergreen Street from North
Property Line of Lindale Street
to South Property Line of
Kaufmann Avenue.
5. Kaufmann Avenue from East
Property Line of Evergreen to
East Property Line of Theda
Drive.
6. Burlington Street from South
Property Line of Primrose to
West Property Line of Musca-
tine Street.
7. Kane Street from North Prop•
erty Line of Kaufmann Avenue
to East Property Line of Prim-
rose Street.
8. Collins Street from South Prop-
erty Line of Lombard Street
to South Property Line of St.
Joseph Street.
9. 16th Street from East Prop-
erty Line of Sycamore Street
to a point 285 feet east of East
Property Line of Marsh Street.
10, Marquette Street turn around
at end of street.
11. Harrison Street from South
Property Line of Jones to
North Property Line of Dodge
Street.
12. Lindale Street from East Prop•
erty Line of Woodlawn Street
to West Property Line of Cart-
er Road.
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Special Session, March 30, 1959 143
13. Alta Place from North Proper-
ty Line of Delaware Street to
South Property Line of Green
Street.
14. Born Avenue from South Prop•
erty Line of Indiana Avenue to
North Property Line of Ridge-
way Avenue.
15, McClain Street from North
Property Line of Dodge Street
to point 170.55' North.
Section II.
1. Chaney Road from North Prop-
erty Line of Asbury to South
Property Line of Kaufman Av
enue.
Section III.
1, North Grandview from North
Property Line of Ungs Street
to South Property Line of
Kane Street.
Councilman Freund moved that
the proof of publication be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Counci'_-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Mrs. Herbert L. Breit-
bach et al objecting to the improve-
ment of McClain street with bitum-
inous concrete paving and curb and
gutter from North property line of
Dodge Street to a point 170.5 feet
north for the following reasons;
1. That the affected property
owners are of the belief that is said
street is to be improved, the ex-
pense should in all fairness be
borne by Mrs. Clara Byrne, the
sole property owner to be bene•
fited and who requested the im•
provement.
2. That the proposed assessments
are wholly out of any proportion
to the benefits, if any, to the af-
fected property owners.
3. That the improvement of this
street is not necessary or benefic-
ial to the public, presented and
read.
Councilman Freund moved that
the petition be received and filed.
Seconded by Councilman Takos,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 26, 1959
Dubuque City Council
c/o City Clerk,
13th and Central, Dubuque, Iowa
Gentlemen:
In regard to the proposed im•
provement of McClain St., my
mother, Mrs. Thomas E. Byrne will
assume all assessments, not abut-
ting the improvement, and will con-
struct the retaining wall at her ex•
pense according to City of Dubuque
requirements by June 15,1959.
As she has no reasonable access
to her property, I await your favor-
able action.
Sincerely yours,
William J. Byrne
NOTE: The verbage "not abut-
ting the improvement" was orally
amended by William Byrne after a
discussion between Mr. Byrne and
Mr. Nate Rotman, Mr. Byrne agreed
to assume the full cost of the im•
provement of McClain Street,
Councilman Freund moved that
the communication be received as
amended and made a matter of rec-
ord. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
Gilman Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund moved that
the rules be suspended to allow
anyone present address the Council
if they so desire. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Mr. Don Breitbach and Mr. Nate
Rotman both objected to the im•
provement of McClain Street stat-
ing that it is rather clear that the
primary purpose for the improve-
ment is for Mr. Byrne to develop
his property, and therefore Mr.
Byrne should bear the entire cost
of the improvement.
March 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
East 16th Street from Elm to
Marsh Street is on the street pro
gram for the construction of curb
and gutter and surfacing. I recom-
146 Special Session, March 30, 1959
made a matter of permanent rec•
ord in connection with said im-
provement.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KINTZDQGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 43.59
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre•
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following;
1. The boundaries of the 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. Each lot proposed to be as•
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be as•
sessed against each lot, for the
CITY OF DUBUQUE
CONCRETE CURB & GUTTER
PROJECT N0. 1
Section I.
1. Illinois Avenue from West
Property Line of Drexel to
the South Property Line of
Pennsylvania Avenue.
2. Ohio Avenue from South Prop-
erty Line of Pennsylvania to
North Property Line of Illi•
nois Avenue.
3. Alpha Avenue from South
Property Line of Dlinois Ave•
nue to North Property Line
of VanBuren Street.
4. Evergreen Street from North
Property Line of Lindale Street
to South Property Line of
Kaufmann Avenue.
5. Kaufmann Avenue from East
Property Line of Evergreen to
East Property Line of Theda
Drive.
6, Kane Street from North Prop-
, erty Line of Kaufmann Avenue
j to East Property Line of Prim-
. rose Street.
~I 7. Collins Street from South
Property Line of Lombard
Street to South Property Line
of St. Joseph Street.
8. Marquette Street turn around
at end of street.
9. Harrison Street from South
Property Line of Jones to
North Property Line of Dodge
Street.
10. Lindale Street. from East Prop-
erty Line of Woodlawn Street
to West Property Line of Lot
1-1-1-1-1-2.31 of Highland Park
Addition.
11. Alta Place from North Prop•
erty Line of Delaware Street
to South Property Line of
Green Street.
12. Born Avenue from South Prop-
erty Line of Indiana Avenue
to North Property Line of
Ridgeway Avenue.
13. McClain Street from North
Property Line of Dodge Street
to point 170.55' North.
Section II.
1. Chaney Road from North Prop-
erty Line of Asbury Road to
South Property Line of Kauf-
mann Avenue.
Section III.
1, North Grandview from North
Property Line of Ungs Street
to South Property Line of
Kane Street.
BE IT THEREFORE RESOLVED
that the City Council on its awn
motion 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 res-
olution 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.
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Special Session, March 30, 1959 147
Said improvements shall be con-
structed and done in accordance
with the plans and specifications '
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis•
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the street improve-
ment funds. Bands shall be issued
and sold in anticipation of de-
ferred payments of assessments
when a contract has been per-
formed and accepted and the pro-
ceeds thereof used to pay the con-
tractor, The railway portion of any
street or assessment district shall
be assessed to and paid by the rail-
way company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
amended, by the City Council this
30th day of March 1959.
CHARLES A, KIlVTZINGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
f>ttest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 57.59
Be It Resolved by the City Coun•
cil of the City of Dubuque that
pursuant to a resolution of neces•
sity No. 43-59 which was duly
passed by this Council, for the
City of Dubuque 1959 Concrete
Curb & Gutter Project No. 1.
Section I.
1. Dlinois Avenue from West
Property Line of Drexel to the
South Property Line of Penn-
sylvania Avenue.
2. Ohio Avenue from South Prop-
erty Line of Pennsylvania to
North Property Line of Illinois
Avenue.
3. Alpha Avenue from South
Property Line of Illinois Ave•
nue to North Property Line of
VanBuren Street.
4. Evergreen Street from North
Property Line of Lindale
Street to South Property Line
of Kaufmann Avenue.
5. Kaufmann Avenue from East
Property Line of Evergreen to
East Property Line of Theda
Drive.
6. Kane Street from North Prop•
erty Line of Kaufmann Ave•
nue to East Property Line of
Primrose Street.
7. Collins Street from South Prop•
erty Line of Lombard Street
to South Property Line of St.
Joseph Street.
8. Marquette Street turn around
at end of street.
9. Harrison Street from South
Property Line of Jones to
North Property Line of Dodge
Street.
10. Lindale Street from East Prop-
erty Line of Woodlawn Street
to West Property Line of Lot
1-1-1.1-1.2-31 of Highland Park
Addition.
11. Alta Place from North Prop•
erty Line of Delaware Street
to South Property Line of
Green Street.
12. Born Avenue from South Prop-
erty Line of Indiana Avenue to
North Property Line of Ridge-
way Avenue.
13. McClain Street from North
Property Line of Dodge Street
to point 170.55' North.
Section II.
1. Chaney Road from North Prop-
erty Line of Asbury Road to
South Property Line of Kauf-
mann Avenue.
Section III.
1. North Grandview from North
Property Line of Ungs Street
to South Property Line of Kane
Street.
148 Special Session, March 30, 1959
$e and the same are hereby or•
dered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE Ym FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property lying
within the assessable distance from
the improvements, whether such
property abut upon the same or
are adjacent thereto, according to
the area thereof and in proportion
to the special benefits conferred,
and any deficiency will be paid out
of the street improvement, funds
of the city. Payment will be made
to the contractor out of funds real-
ized 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 ad-
vertise for proposals for the con•
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 140 calendar days af•
ter notice to proceed is issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund,. Schueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency of Resolution of Necessity
for Public improvements and hear-
ing upon proposed plans and spec-
ifications form of contract and cost
of improvements for the City of
Dubuque 1959 Bituminous Con-
crete Paving Project No. 1, on the
following portions of the following
named streets:
Section I.
1. Kaufmann Avenue from the
West Property Line of Carter
Road to the East Property Line
of Theda Drive.
2. Evergreen Street from the
North Property Line of Lin•
dale Street to the South Prop•
erty Line of Kaufmann Ave•
nue.
3. Woodlawn from the North
Property Line of Asbury Road
to the north end of street.
4. Lindale Street from the West
Property Line of Carter Road
to the East Property Line of
Evergreen Street.
5. Karen Road from the West
Property Line of Carter Road
to the East Property Line of
Evergreen Street.
6. Kevindale Street from the
North Property Line of Karen
Road to the South Property
Line of Lindale Street.
7. Carter Road from the North
Property Line of Kaufmann
Avenue to the North Property
Line of Kane Street.
8. Kane Street from the East
Property Line Lot 2-1 Willy
Place to the East Property
Line of Lot 1.1.1 of Olds Place,
9. Kane Street from the East
Property Line of Carter Road
to the East Property Line Lot
2, Block 4, Scenic View Heights.
10. Kane Street from the North
Property Line of Kaufmann
Avenue to the East Property
Line of Primrose Street.
11. Burlington Street from the
South Property Line of Prim-
rose Street to the West Prop-
erty Line of Muscatine Street.
12. Solon Street from the East
Property Line of Booth Street
to the West Property Line of
Nevada Street.
w
"s
;ti
i
t
Special Session, March 30, 1959 149
18. Adeline Street from Ramona
to end of street.
14. McClain Street from North
Property Line of Dodge Street
to a point 170.5 North.
Section II
1. Chaney Road from the North
Property Line of Asbury Road
to the South Property Line of
Kaufmann Avenue.
Councilman Welu moved that
the proof of publication be re•
ceived and filed. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of C. L. Murphy et al
objecting to the surfacing of
Woodlawn, Karen, Kevindaie, and
Lindale streets for the following
named reasons: 1-Hardship in
paying assessments for resurfac•
tng; 2-Five year street installed
two years ago, three years of use
still coming us; 3-Most property
owners are still paying for sewer,
curb and gutter assessments; 4-
Heavy equipment moving over
streets because of new housing
.project in immediate vicinity; 5-
No thoroughfare streets involved;
ti-All streets involved are still
in good condition, presented and
read.
Councilman Freund moved that
the petition be received and filed.
Seoondedby Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Mr. Gene Wright addressed the
Council in behalf of the petitioners
stating that 42 of 44 abutting prop-
erty owners are objecting to the
surfacing of Woodlawn, Karen,
K2vindale and Lindale streets. Mr.
George Tharp, John Cullen, Don
Hartman, Leo Schlueter, all ad•
dressed the Council in opposition
to the surfacing of the aforemen-
tioned streets, After considerable
discussion Councilman Welu moved
that Woodlawn, Karen, Kevindale,
and Lindale be deleted from the
1959 surfacing program and that
the maintenance on these streets
be limited to patching of holes
and emergencies. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Ralph Pape et al
objecting to the surfacing of Solon
Street for &t least two years for
the following reasons: 1-Street
has a hard surface at present and
is in fairly good condition; 2-
lnfrequently used by traffic pri•
marily because of the steep in-
cline; 3-Traffic that intends to
drive from Nevada to Booth or
vice versa generally resort to
Dodge, Langworthy or Third street
because of the steepness of Solon
and the dead end at Booth; 4--
Songe taxpayers affected are pres-
ently paying for the paving of
Nevada; 5-Would not increase
the value of adjacent property in
comparison to the assessment cost
and would not likewise serve to
increase traffic, presented and
read. Councilman Freund moved
that the petition be received and
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller,. Takos,
Welu.
Nays-None.
Mr. Mel Leibold addressed the
Council objecting to the paving of
Solon street. Councilman Takos
moved that Solon Street from the
east property line of Booth Street
to the west property line of Nevada
street be deleted from the 1959
Bituminous Concrete Paving Proj-
ect No. 1. Seconded by Council-
man Freund. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
RESOLUTION N0. 58.59
Resolution Amending Resolution
No. 47.59
Be It Resolved by the City Coun-
cil of the City of Dubuque:
Section i. That Resolution No.
47.59, being the Resolution of Ne-
cessity for the City of Dubuque
1959 Bituminous Concrete Paving
Project No. 1, be and the same is
hereby amended by deleting the
.following portions of the following
named streets therefrom:
150 Special Session, Mareh 30, 1959 ~ Special Session, March 30, 1959 151
Burlington Street from the south
property line of Primrose street
to west property line of Muscatine
Street.
Karen Road from the west prop-
erty line of Carter Road to the
east property line of Evergreen
Street.
Kevindale street from the north
property line of Karen Road to the
south property line of Lindale
Street.
Lindale Street from the west
property line of Carter Road to
the east property line of Evergreen
Street.
Solon Street from the east prop-
erty line of Booth Street to the
west property line of Nevada
street.
Woodlawn street from the north
property line of Asbury Road to
the north end of the street.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P, WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Sec-
onded by Councilman Freund. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Decision of Council upon obje~~
Lions to plans, specifications,
form of contract and cost of im•
provements,
RESOLUTION NO. 59.59
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1959 Bi-
tuminous Concrete Paving Project
No. 1.
Section I.
1. Kaufmann Avenue from the
West Property Line of Carter
Road to the East Property
Line of Theda Drive.
2. Evergreen Street from the
North Property Line of Lin-
dale Street to the South Prop-
erty Line of Kaufmann Ave-
nue.
3. Carter Road from the North
Property Line of Kaufmann
Avenue to the North Property
Line of Kane Street.
4. Kane Street from the East
Property Line Lot 2.1 Willy
Place to the East Property
Line of Lot 1-1-1 of Olds Place.
5. Kane Street from the East
Property Line of Carter Road
to the East Property Line Lot
2, Block 4, Scenic View
Heights.
6. Kane Street from the North
Property Line of Kaufmann
Avenue to the East Property
Line of Primrose Street.
7. Adeline Street from Ramona to
end of street.
8. McClain Street from North
Property Line of Dodge Street
to a point 170.5 North.
Section II
1. Chaney Road from the North
Property Line of Asbury Road
to the South Property Line of
Kaufmann Avenue.
have been approved by the City
Council of the City of Dubuque
and public notice given as pro-
vided by Chapter 23 of the Code
of Iowa, 1950, pertaining to pub-
lic contracts and bonds, and the
time and place fixed for the hear-
ing of all objections to said plans,
specifications or contract for or
cost of such improvements, said
time being this 30th day of March,
1959; and
WHEREAS, the City Council met
in special session this 30th day of
March, 1959, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing all
interested parties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for ar
cast of the improvement herein
described and proposed to be
made; and
WHEREAS, all interested par•
teis have been given an oppor•
tunity to be heard and all objec-
tions which. have been duly
weighed and considered; now,
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved
are hereby adopted.
BE 1T 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 cost said improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
.this 30th day of March, 1959,
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second•
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
{
~ (Necessity of Improvement)
~~ RESOLUTION N0. 41.59
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre•
r pared and approved by the City
v~ 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-
i, ,~ trict, if any.
2. The streets to be improved.
3. The width of such improve-
ment.
4, Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
~, 5. An estimate of the cost of
the proposed improvement, stating
i; the same for each different type
of construction and kind of ma-
terial to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the
~'? City of Dubuque 1959 Bituminous
~ Concrete Paving Project No. 1.
,
';
;~ ; ; Section I.
1. Kaufmann Avenue from the
West Property Line of Carter
~ Road to the East Property Line
of Theda Drive,
AI {
I
2. Evergreen Street from the
North Property Line of Lin-
dale Street to the South Prop-
erty Line of Kaufmann Ave-
nue.
3. Carter Raad from the North
Property Line of Kaufmann
Avenue to the North Property
Line of Kane Street.
4. Kane Street from the East
Property Line Lot 2.1 Willy
Place to the East Property
Line of Lot 1.1.1 of Olds Place.
5. Kane Street from the East
Property Line of Carter Road
to the East Property Line Lot
2, Block 4, Scenic View
Heights.
6. Kane Street from the North
Property Line of Kaufmann
Avenue to the East Property
Line of Primrose Street.
7. Adeline Street from Ramona
to end of street.
8. McClain Street from North
Property Line of Dodge Street
to a point 170,5 North.
Section II
1. Chaney Road from the North
Property Line of Asbury Road
to the South Property Line of
Kaufmann Avenue.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion 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 res-
olution 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 improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
152 Special Session, March 30, 1959
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the street improve-
ment funds. Bonds shall be issued
and sold in anticipation of de-
ferred payments of assessments
when a contract has been per-
formed and accepted and the pro-
ceeds thereof used to pay the con-
tractor. The railway portion of any
street or assessment district shall
be assessed to and paid by the rail-
way company.
The above resolution was intro•
duced, approved and ordered
placed on file with the City Clerk
this 2nd day of March, 1959.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
amended by the City Council this
30th day of March 1959.
CHARLES A, KINTZINGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attost: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Ordering Construction]
RESOLUTION N0. 60.59
Be It Resolvod by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 47.59 which was duly
passed by this Council, for the
City of Dubuque 1959 Bituminous
Concrete Paving Projoct Na. 1.
Section I.
1. Kaufmann Avenue from the
West Property Line of Carter
Road to the East Property
Line of Theda Drive.
2. Evergreen Street from the
North Property Line of Lindale
Street to the South Property
Line of Kaufmann Avenue.
3. Carter Road from the North
Property Line of Kaufmann
Avenue to the North Property
Line of Kane Street.
4. Kane Street from the East
Property Line Lot 2.1 Willy
Place to the East Property
Line of Lot 1.1.1 of Olds Place.
5. Kane Street from the East
Property Line of Carter Road
to the East Property Line Lot
2, Block 4, Scenic View
Heights.
6. Kane Street from the North
Property Line of Kaufmann
Avenue to the East Property
Line of Primrose Street.
7. Adeline Street from Ramona to
end of street.
8. McClain Street from North
Property Line of Dodge Street
to a point 170,5 North.
Section II
1. Chaney Road from the North
Property Line of Asbury Road
to the South Property Line of
Kaufmann Avenue.
Be and the same are hereby
ordered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shalt be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE 1T FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property ly-
ing 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 general, improve•
went, or sewer funds of the city,
or partly from each of such funds.
Payment will be made to the con-
tractor out of funds realized from
the sale of bonds to be issued in
anticipation of deferred payments
of assessments as provided by law
after the 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 ad-
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before the 60 days after no-
tice to proceed ie issued.
BE IT FURTHER RESOLVED
that this resolutino being deemed
i
a
Y`
.,:
i
Special S,essiola, March 30, 1959 153
Argent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KINTZAVGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
~1tteSt: LEO F, FROMMELT
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Freund. Carried
by the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency of resolution of Necessity
for public improvements and hear-
ing upon proposed plans and speci-
fications, form of contract and
cost of improvements for the City
of Dubuque 1959 Hot Mix-Hot Laid
Asphaltic Concrete Paving Proj-
ect No. 1, on the following por•
tions of the following named
streets:
1. Alley between Main and Locust
running from the North Prop-
erty Line of Jones Street to
the South Property Line of
12th Street.
2. 10th Street from West Prop•
erty Line of Central to the
East Property Line of Bluff
Street,
3. 22nd Street from East Prop-
erty Line of Central to South
Property Line of Windsor Ave-
nue.
4. Fast 16th Street from East
Property Line of Elm Street
to a point 285 feet east of East
Property Line of Marsh Street.
5. 3rd Street from East Property
Line of Iowa Street east to
railroad tracks.
0. Harrison Street from South
Property Line of Jones Street
to North Property Line of
Dodge Street.
7. Shields Street from North
Property Line of Jones Street
to East Property Line of Main
Street.
8. Ailey between Iowa and Cen-
tral running from North Prop•
erty Line of 4th Street to the
alley first south of 13th Street.
Mayor Kintzinger waved that
the proof of publication be re•
ceived and tlled. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
We1u.
Nays-None.
Coanciitnan Takos madg a ver-
bal objection in behalf of a certain
citizen that made an objection as
to paving the alley between Main
~& Locust from Jones to 12th
street. The objector was of the
opinion that the alley between
11th and 12th between Main & Lo-
cust was still in good shape,
Councilman Welu moved that
due to the fact that no written
objections were received to the
Hot Mix-Hot Laid program that all
objections be overruled and that
the program be instituted with the
exception of 16th street. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Welu,
Nays-Councilman Takos.
RESOLUTION NQ. 61.59
Resolution amegding resolution
No. 51.59
Be It Resolved by the City Coun-
cil of the City of Dubuque:
Section 1. That Resolution No.
51-$9, being the Resolution of Ne-
cessity for the City of Aubuque
1959 Hot Mia-Hot Laid Asphaltic
Concrete Paving Project No. 1, be
and the same is hereby amended
by deleting the followmg portions
Rf the fghowing named streets
therefrom:
East 16th street from east property
lien of L1m street to a point 285
feet east of east property line
of Marsh street.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. RINTZINGER
Mayor
GEORGE A. FREUND
LEO N, SC#IUELLER
CLARENCE P. WELU
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Freund. Carried
by the following vote;
154 Special Session, March 30, 1959
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, 5chueller, Welu.
Nays-Councilman Takos.
Decision of Council upon objec-
tions to plans, specifications,
form of contract and cost of im•
provements.
RESOLUTION N0. 62.59
WHEREAS, proposed plans and
specifications and form of con-
tract for the City of Dubuque 1959
Hot Mix-Hot Laid Asphaltic Con-
crete Paving Project No. 1,
1. Alley between Main and Locust
running from the North Prop-
erty Line of Jones Street to
the South Property Line of
12th Street.
2. 10th Street from West Prop-
erty Line of Central to the
East Property Line of Bluff
Street.
3. 22nd Street from East Prop-
erty Line of Central to South
Property Line of Windsor Ave-
nue.
4. 3rd Street from East Property
Line of Iowa Street east to
railroad tracks.
5. Harrison Street from South
Property Line of Jones Street
to North Property Line of
Dodge Street.
6. Shields Street from North
Property Line of Jones Street
to East Property Line of Main
Street.
7. Alley between Iowa and Cen-
tral running from North Prop-
erty Line of 4th Street to the
alley first south of 13th Street.
have been approved by the City
Council of the City of Dubuque
and public notice given as provid-
ed by Chapter 23 of the Code of
Iowa, 1950 pertaining to public
contracts and bonds, and the time
and place fixed for the hearing
of all objections to said plans, spec-
ifications or contract for or cost
of such improvements, said time
being this 30th day of March, 1959;
and
WHEREAS, the City Council met
in special session this 30th day of
March, 1959, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hear-
fug 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 duly weighed and con-
sidered; 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 de•
scribed and proposed to be made,
be and the same 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 cost said improvement be
made a matter of permanent record
in connection with said improve-
ment.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, 5chueller, Welu,
Nays-Takos.
(Necessity for Improvement)
RESOLUTION N0. 51.59
WHEREAS, proposed p 1 a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1, The boundaries of the district,
if any.
2, The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
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Special Session, March 30, 1959 155
5, An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kin of material
to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the City
of Dubuque 1959 Hot Mix-Hot Laid
Asphaltic Concrete Paving Project
No. 1.
1. A 11 e y between Main and
Locust running from the North
Property Line of Jones Street
to the South Property Line of
12th Street.
2. 10th Street from West Line of
Central to the East Property
Line of Bluff Street.
3. 22nd Street from East Prop-
erty Line of Central to South
Property Line of Windsor
Avenue.
4. 3rd Street from East Property
Line of Iowa Street east
to railroad tracks.
5. Harrison Street from South
Property Line of Jones Street
to North Property Line of
Dodge Street.
6. Shields Street from North Prop-
erty Line of Jones Street to
East Property Line of Main
Street.
7. Alley between Iowa and Cen-
tral running from North Prop-
erty Line of 4th Street to the
alley first south of 13th Street.
BE IT THEREFORE RESOLVED
that the City Council on its awn
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
.consideration of this proposed
resolution have on file with the
City Clerk objections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore 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 such 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 street improvement
funds. Bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
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 2nd day of March, 1959.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
amended, by the City Council this
30th day of March, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Weu.
Nays-Councilman Takos.
(Ordering Construction)
RESOLUTION N0. 63.59
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a reso-
lution of necessity No. 51.59 which
was duly passed by this Council,
for the City of Dubuque 1959 Hot
Mix-Hot Laid Asphaltic Concrete
Paving Project No. 1.
1. Alley between Main and Locust
running from the North Prop-
erty Line of Jones Street to
the South Property Line of 12th
Street.
2. 10th Street from West Property
Line of Central to the East
Property Line of Bluff Street.
156 Special Session, March 30, 1959 Special Session, March 30, 1959 157
3. 22nd Street from East Property
Line of Central to South Prop-
erty Line of Windsor Avenue.
4. 3rd Street from East property
Line of Iowa Street east to rail-
road tracks.
5. Harrison Street from South
Property Line of Jones Street
to North Property Line of
Dodge Street,
6. Shields Street from North
Property Line of Jones Street
to East Property Line of Main
Street.
7. Alley between Iowa and Cen-
tral running from North Prap-
trey Line of 4th Street to the
alley first south of 13th Street.
be and the same are hereby order-
ed and constructed by this Council
upon its own motion and with or
without the petition of property
owners. All the work shall be con-
structed in accordance with the
plans and specifications heretofore
adopted and now on file in the
office of the City Clerk.
BE Pf FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against'
the privately owned property lying'.
within the assessable distance from
the improvements, whether such
property abut'upon the same or are
adjacent thereto, according to the
area thereof 'and in proportion to
the special benefits conferred, and
any deficiency will be paid out of
the street improvement, funds of
the city. Payments will be made to
the contractor out of funds realized
from the sale of bands to be issued
in anticipation of deferred pay-
ments 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 ad-
vertise for proposals for the con-
strucbion of the various improve-
ments herein provided for in the
n>anner Irrovided by law, the said
improvements 'shall be completed
nn or 75 days after Itotlee to pro-
ceed is issued.
BE IT FURTHER RESOLVED
tihat this fiesolution being deemed
urgent and of ilr%mediate necessity
shall be in force a$d °effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 30th day March, 19~.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARINCE P. WELU
Councilmen
Attest: LEO F. FROMMELT
City Clerk.
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilman Freund, Schueller, Welu.
Nays-Councilman Takos.
Communication of Reilly Realty
Ins. requesting permission to in-
stall a sanitary sewer to serve
Green Acres Subdivision commenc-
ing at the southerly terminus of
Saunders street to extend northerly
along Saunders street approximate-
ly 600 feet and further requesting
that after said sewer is installed
that the City install curb and gut•
ter and surfacing on Saunders
street from Green Acres Subdivi-
sion to Lemon street and place
said project on its 1960 street
improvement program, presented
and read.
Councilman Takos moved that
the communication be received and
filed. Seconded by Councilman
Weiu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Weiu.
1Vays-None.
'0RD1NAIVCE Nb. 11.59
An Ordinance granting Reilly
Realty inc. the right to construct
a sanitary sewer in Saunders street
'and providing for the terms and
conditions thereof, presented and
read. `Councilma'n Freund moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Councii•
man VGelu, Carried by the .follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Weiu.
Nays-None.
Councilman Freund moved that
t#Ie holes be suspended requiring
an 'Ordinance to be read on three
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separate days. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Weiu.
Nays-None,
ORDINANCE N0. 11.59
An Ordinance granting Reilly
Realty Inc., the right.te construct
a Sanitary Sewer in Saunders
Street and providing the terms and
conditions thereof.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DI)BUQUE, IOWA:
Section 1. That Reilly Realty
Inc, be and they are hereby granted
the riglit to construct an eight
inch {8") vitrified the pipe sani-
tary sewer in Saunders Street from
the existing manhole in Saunders
Street abutting Lot No. 45 of Fair-
mount Park southwesterly in and
along Saunders Street to the end
of Platted Woat Saunders Street.
(A) That grantees agree to con-
struct said sewer within one year
from the date of the adoption oY
this ordinance and pay the entire
cost thereof including the cost of
restoring the eurYace of the street:
(B) That said sewer shall be
constructed in accordance with
plans approved by the State De-
partment of Health and the City
Manager under the supervision
and direction of the City Manager
and City Engineer.
(C) That Grantees will enter in-
te acontract Yor the construction
of said sewer with a qualified con-
tractor which contract, among
other things, will contain a clarae
requiring the contractor to obtain
all necessary permits required by
the City of Dubuque or any other
governmental agency, a clause ob-
ligating the contractor and his
bondsmen to keep said sewer in
good repair for a period of not less
than -two years from the date of
the acceptance of the work, and
a clause requiring the contractor
to furnish a surety bond with the
city oP Dubuque named as one of
the obligees, guaranteeing the
laithful performance of said con-
tract:
(D) That upo^ completion of
said sewer and the acceptance oY
'the same by the City Council said
sewer shall became a publk sew-
er under the exclusive charge and
control of the City of Dubuque, and
its free use as such shall not be
interferred with by grantees or
their aucceasora or assigns:
Section 2. That the authority
granted herein shall terminate on
April 30, 1969, unless the terms
and conditions of this Ordinance
are accepted in writing by t h e
Grantees prior to that date:
Section 3. Aster said sewer has
been completed and the total cost
thereof has been paid by grantees,
the grantees herein shall file With
'the City Council a certified state-
ment, showing in detail all amounts
paid out by him in connection with
the construction of said sewer, in-
cluding engineering fees and the
cost of restoring the surface of the
street. Thereafter, any person ar
persons desiring to connect with
said sewer except the grantee
herein, shall first apply to the Clty
Manager for permission to do so
and such permission ahan be
granted upon condition that the
applicant pay to the City TreaB-
urer, for the account of the grantee
herein, a connection charge in an
amount which will be fixed by
Resolution of the City Council at
the time of the acceptance of the
said sewer. However, such con-
nection charges shall not be en-
acted for any extension of said
sewer made by the City of Du-
buque or its permiteea.
Section 4. This Ordinance ahan
be in full force and effect from and
after its final passage, adoption
and publication as provided by law.
Passed, adopted and approved
this 30th day oY March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A.FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
Councilme^
ATTEST:
Leo F. Frommelt
City Clerk.
ACCEPTANCE OF
ORDINANCE N0. 11.59
Reilly Realty, Inc., having full
knowledge and understanding of all
the terms and conditions of Ordi-
nance No. 11.59, hereby accepts
the same as passed and agrees to
comply with the terms and condi-
tions thereof.
Adopted this 8th day of April,
1959.
REILLY REALTY INC.
By William J. Reilly
Pres.-Sec.-Treas.
Published officially in the Tele-
graph-Herald newspaper this 10th
day of April, 1959.
LEO F. FROMMELT
City Clerk
u, a-lo
Councilman Freund moved the
adoption of the Ordinance. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Weiu.
Nays-None.
Councilman Freund moved that
surfacing and curb gutter of
Saunflers street be included in the
1960 street improvement program.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Weiu.
Nays-None.
March 27, 1959
To the Honorable Mayor
and City Council,
.Dubuque, Iowa
Gentlemen:
Herewith submitted far your con-
sideration is subdivision plat of
Blocks 8, 9, 10, li, 12, 13, 14 and
15 Green Acres Subdivision.
This is located on and adjacent
to Oak Crest Drive.
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158 Special Session, March 30, 1959
The Planning & Zoning Com-
mission approved this plat March
25, 1959 with the following pra•
visions:
1. The turn around at the end
of Timberline St. in Block 14 be
provided for in performance bond.
Easements shall be furnished to
allow same to be constructed.
The developer may decide to sub-
divide Block 14 in the very near
future and turn around would
then be moved further north.
Block eight as approved is un•
subdivided, Further study will
have to be made of this area.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Freund moved that the
communication be received and
made a matter of record, Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 6459
Resolution Approving the Plat of
Block 8, 9, 10,11, 12, 13, 14 and 15
in Green Aeres Subdivision in the
City of Dubuque, Dubuque County,
Iowa.
Whereas, there has been filed
with the City Clerk a plat in which
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Ehrlich Place and
Lot 7 of Block 7 in Green
Acres Subdivision, both in the
City of Dubuque, Dubuque
County, Iowa,
are platted as
Blocks 8, 9, 10, 11, 12, 13, 14
and 15 in Green Acres Subdivi•
sion in the City of Dubuque,
Dubuque County, Iowa,
by Reilly Realty Ine.; and
Whereas upon said plat appear
streets and easements which the
owners upon said plat have dedi-
cated to the public forever; and
Whereas said plat has been ex-
amined by the City Planning and
Zoning Commission and has been
approved by said body; and
Whereas said plat has been ex-
amined by the City Council and
they find that the same conforms
to the statutes and ordinances re•
lating thereto, but that the grades
have not been established or the
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Special Session, March 30, 1959 159
Maplewood Court and Timberline
Street, in accordance with City of
Dubuque Standard Specifications
for permanent sidewalks,-"
(h) To construct aturn-around
at the terminus of Timberline
Street in accordance with the sur-
facing plans submitted with the
plat, provided, however, that in the
event Timberline Street is extend-
ed beyond its northerly terminus
as shown on said plat, prior to
November 1, 1961, this provision
shall not be required;
(i) To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the in-
spection of the City Engineer and
in a manner approved by the City
Manager;
(j) To maintain the street im-
provements for a period of four
(4) years from the date of their
acceptance and to maintain the
sanitary sewer for a period of two
(2) years from the date of its ac-
ceptance;
(k) To provide the foregoing con-
struction and maintenance all at
the expense of Reilly Realty Inc.,
as owner;
(1) To construct said improve-
ments prior to November 1, 1961;
and further provided that Reilly
Realty Inc., as owner of said sub-
division, secure the performance
of the foregoing conditions by pro-
viding security in such sum and
with with such sureties as may be
acceptable to the City Manager;
Section 3. That in the event Reil-
ly Realty Inc., shall fail to execute
the acceptance and provide the
security provided for in Section 2
hereof, within forty-five (45) days
from the date of this Resolution,
the provisions hereof shall be null
and void and the acceptance of the
dedication and approval of the
plat shall not be effective;
Passed, adopted and approved by
unanimous recorded roll call vote
this 30th day of March, A. D, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
streets graded, or the sidewalks,
surfacing, sewer or water mains
installed;
NOW THEREFORE, BE 1T RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of
Oak Crest Drive, Timberline
Street and Maplewood Court, to-
gether with the easements for
public utilities, as the same appear
upon said plat, be and the same are
hereby accepted;
Section 2. That the plat of the
subdivision of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Ehrlich
place together with Lot 7 of Block
7 in Green Acres Subdivision, both
in the City of Dubuque, which
shall hereafter be known as Blocks
8, 9, 10, 11, 12, 13, 14 and 15 in
Green Acres Subdivision in the
City of Dubuque, Dubuque County,
Iowa, be and the same is hereby
approved and the Mayor and Clerk
are hereby authorized and directed
to endorse the approval of the City
of Dubuque upon said plat, pro-
viding the owner of said property,
hereinbefore named, executes its
written acceptance hereto attached,
agreeing:
(a) To reduce Oak Crest Drive,
Timberline Street and Maplewood
Court to grade as shown by the
profile submitted with the plat;
(b) To surface Oak Crest Drive,
Timberline Street and Maplewood
Court, as the same appear upon
said plat, for a width of 30 feet
from curb face to curb face with
six inch rolled stone base, with
2~ inch hot mixed, hot laid, bi•
tuminous concrete surfacing and
with concrete curb and gutter as
shown in the City of Dubuque
Standard Curb and Gutter Section;
(c) To install water mains in ac-
cordance with the plans submitted
with the plat;
(d) To install storm and sanitary
sewers in accordance with plans
submitted with the plat;
(e) To install sanitary sewer and
water house laterals for each lot
from the main to behind the curb
line;
(f) To provide a seal coat for the
surfacing of the streets described
in sub-paragraph (b) hereof;
(g) To install concrete sidewalks
on both sides of Oak Crest Drive,
To Leo F, Frommelt, City Clerk:
This is to certify that the secur-
ity required by the foregoing Reso-
lution No. 64.59 has been provided
by the owner.
Dated at Dubuque, Iowa this 8
day of April, 1959.
L, J. SCHII.TZ,
City Manager
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ACCEPTANCE OF RESOLUTION
N0. 64.59
Reilly Realty Inc., being familiar
with the terms and conditions of
the foregoing Resolution No. 64.59,
hereby accepts the same and agrees
to perform the conditions required
of it therein,
Dated this 8th day of April, A.D.
1959.
REILLY REALTY, INC,
By William J. Reilly,
Pres: Sec: Treas,
Communication of U, S. Confer-
ence of Mayors extending an in•
vitation to the members of the City
Council to attend the 1959 annual
conference of Mayors to be held
in Los Angeles from July 12th to
15th, presented and read. Council-
man Freund moved that the com-
munication be received and filed.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Communication of Dubuque Bank
& Trust Co. expressing support to
professional baseball and request-
ing further support in the event
a petition is presented by Dubuque
Baseball Inc. for improvement of
the Fourth Street ball park, pre-
sented and read. Councilman
Freund moved that the communica-
tion be received and kept for fu-
ture reference and referred to the
Recreation Commission. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
160 Special Session, March 30, 1959
Communication of John Deere
Dubuque Tractor Works comment-
ing on the consideration being giv
en toward proposed improvements
of the present baseball park, as to
what it has meant to the City in the
past to have organized baseball,
presented and read,
Councilman Freund moved that
the communication be received and
kept for future reference and also
referred to the Recreation Commis-
sion. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Myers-Cox Co.
stating that the proposed improve-
ments in the amount of $18,500 to
the local ball park are very much
in order, presented and read. Coun•
Gilman Freund moved that the
communication be received and
kept for future reference and re-
ferred to the Recreation Commis-
sion. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Communication of Paul J. Laube,
M.D, lending his support to the
request of Dubuque Baseball Inc.
for improvements to the Fourth
street ball park, presented and
read. Councilman Freund moved
that the communication be receiv-
ed and kept for future reference
and referred to the Recreation
Commission. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of expiration of right of
redemption and taking of tax deeds
by Max H. Jenk holder of certifi-
cates of the City's interest in Lot
1 of 74 and Lot 1 of 75 in E.
Langworthy's Addition of part of
M. L. 320, Alfred & Lucille Bleile
owners, presented and read. Mayor
Kintzinger moved that the notice
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Freund, Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
REPORT OF DUBUQUE
DOCK COMMISSION POR 1958
To the Honorable City Council,
City Manager
Board of Dock Commissioners
Dear Sirs;
The activities of the Dock Com-
mission were many in 1958, haw
ing held 35 regular meetings and
other informal conferences with
prospects for industrial sites, City
Officials, Engineer consulting etc.
In 1958 the Dock Commission
negotiated new leases a n d
agreements with the follow-
ing;
Dubuque Storage & Transfer Co.
Dodds & Sons
Dubuque B u 1 k Commodities
River Terminal
Flynn Ready Mix
Morton Salt Co.
Riverside Bowl Inc.
Schueller & Co.
Sinclair Refining Co, - N e w
Asphalt Terminal,
Considerable additional revenue
will accrue to the City from these
leases, and shows that we have
made further progress.
U.S. Engineers Corps at Rock
Island report commercial tonnage
in the Rork Lsland Engineer Dis-
trict in 1958, set an all time high
of slightly under 9,350,000 tons;
1,000,000 tons over the 1957 record
year. This covered coal, grain,
petroleum products, sulphur,
phosphates, molasses, twine, scrap
iron, salt, tallow and grease. Ton-
nage in and out of Dubuque
totaled 316,814 as aampared with
278,831 tons in 1957.
Progress of waterway resources
development continues in the Mis•
sissippi Valley and other inland
waterway territory. It is the policy
of the Dock Commission to work
cooperatively with the Industrial
Committee of the Chamber of
Commerce, City Council and City
Manager in attracting new indus-
try to Dubuque. We have many
advantages to offer, Industrial
Sites on Area "B", ready for occu-
pancy and Areas "A" and "C" for
future development. Excellent
transportation facilities; rail,
barge, truck and air, electricity
and natural gas utilities, abundance
f
t
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s
j
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,~
i
Special Session, March 30, 1959 161
of water supply, labor, schools
and recreation.
Three. items of major impor•
tance took place in 1958;
Securing the Sinclair Asphalt
Terminal.
Operation of the Dock Terminal
by Saul Greenstein; and
The Leasing of five acres on
12th Street by Flynn Ready
Mix.
Sinclair has already started con-
struction and placement of eight
large asphalt and oil storage tanks,
on land prepared for them by
Dock Commission, south of present
site, Total cost of new plant $300;
000.00. Will use barge transporta-
tion on which wharfage will apply.
They will start operation in 1959,
serving an area of about 200 miles
from Dubuque.
The Dubuque Bulk Commodities
River Terminal, on March 1, 1958,
signed a lease and agreement to
operate, the Dock Terminal facili•
ties, purchasing crane and o t h e r
equipment. This Company will
handle all barge loading and un-
loading of bulk solids, and the
Dubuque Tank Ternunal Co., bulk
fluids. These Companies, u n d e r
the same management have leased
practically all of the Dock Com-
mission Terminal grounds and
have plans for further expansion.
The City will receive increased
rentals of facilities occupied; track
use charges and wharfage fees,
Flynn Ready Mix leased a 5
acre tract on 12th St. Area "A"
and the Dock Commission awarded
contract in 1958 for extension of
watermains, which work has been
completed, Contrasts for dreging
Channel 12th St. slough, for open-
ing up barge. unloading facilities
and land fill and 7th St. Harbor
and clearing were let in January
1959. Work wIll start in the
Spring. Flynn Ready Mix will
start building fn 1959.
Geisler Bros., were awarded
contract to reraof and repair
Terminal Building, and this work
has been completed.
The Dock Commission paid off
its indebtedness to U.S. Industrial
Chemical Co., $6,738.28 in 1958,
Dubuque Bulk Commodities River
Terminal will handle sulphur
under a new agreement.
Industrial Park AREA "B".
Kerper Boulevard was officially
opened in 1958, with Members
from the City Council, City Man•
ager, Dock Commission, Chamber
of Commerce and the Family of
Mr. Kerper in attendance. T h i s
wiU be a very busy Thoroughfare
in the future.
The new bowling Alley, River-
side Bowling Inc., was completed
in 1958, and it is a busy place;
open 24 hours a day and employ-
ing 35 people.
According to all reports t h e
pleasure boating business is in-
creasing every year, boat s h o w s
are jammed, River Cities are
building boating facilities and our
own Dubuque Marina Inc,, reports
increasing business. They will
build more floats in the Spring.
In 1958 Dock Commission water
front rentals amounted to $5,411.24
which included Marina and Mor-
ton Salt Co. waterfront.
Our Ramp at the end of Haw•
thorne St., was a popular place
last summer for the loading and
unloading of boats into Lake
Peosta Channel. "NO" Parking
Signs were properly placed around
the ramp with the copperation of
the Police Department, so t h a t
more space was allotted to folks
with boat trailers.
Engineers Report far AREA
«B~~
In 1958 the fallowing work was
completed.
1. Base and asphalt street work
on Kerper Boulevard and
Hawthorne Street, including
seal coating of street around
Boat Harbor.
2. Storm drainage at Boat Har-
bor and on Hawthorne Street.
3. Boat Well.
4. Guard Rail,
5. Layout far relocation of Ele~-
tric Transmission Line.
6. Subdivision of property for
Harnischfeger Corp. and St.
Regis Co.
7. Leveling and grading of Areas
including completion of road
shoulders.
8. Sewer and watermains to Riv-
erside Bowling Lanes. Unfin•
fished work to be. completed
in 1959-AREA "B".
9. Installation of sewage lift sta-
tion.
162 Special Session, March 30, 1959 Special Session, March 30, 1959 163
We look forward to a busy 1959. Respectfully submitted Marine Insurance .................... 625.00 625.00
Attached please find year end Board of Dock Commissioners Workmen's Compensation Lr-
statement, showing income dis• Respectfully submitted i surance .................................. 500.00 27.43 219.78
bursements for 1958. C. E. KIESELE, Miscellaneous ............................ 500,00
Manager Dredge Rebuilding .................. 26,500.00
Engineer .................................... 3,000.00 3,160,16
DEPARTMENT OF PUBLIC DOCKS ~
DECEMBER 31, 1958 ;' 63,825.00 359.95 6,327.54 19,399.06
Item 153 C River Improvements
To Date To Date Salary Manager ........................ 3,000,00 458.33 2,749.98 2,166.65
Receipts This Year Last Year Salary Machine Operator ......., 2,500,00 460.00 4,913.75 4,415.32
Sale of Wood
................................................................ 36.13 Wages Laborers .....................,.. 2,000.00 404,80 3,598.30 4,226.17
George Hird .................................................................... 600.00 Trucking & Fill ........................ 4,000.00 1,594.25 5,003.00
Dubuque Tank Terminal Co ......................................... 2,624.33 2,655.02 Equipment ....................,....,.,...... 1,500.00
Eldon Miller Inc . ........................................................ 720.00 720.00 i Tools .,..............................,........... 500,00
River Front Rentals .................................................... 3,161.24 2,568.27 Material & Supplies ................ 3,000.00 4,841,53 7,694.15 3,431.00
Warehousing .................................................................. 1,368.92 12,321.50 ~ Insurance ...............,.........,..,..,.. 211.02
Dubuque Storage & Trans. Co ................................... 4,810.75 3,872.38 ;. Workmen's Compensation In-
Taxes ................................................................................ 38,376.05 38,671.79 surance 274.61
Military Tax Service Credit ........................................ 327.86 325.83 , Iradication of Growth•Ind.
Sinclair Oil Co ............................................................... 3,676.81 3,565.10 I ' Park ............................,........... 3,000.00
Virginia-Carolina Chem. Co ......................................... 2,100.00 2,100.00 Storm Sewer Extension ........ 9,000.00
Pure Oil Co ..................................................................... 650.00
Dubuque Sports Bowl .................................................... 598.94 202.30 28,500.00 6,164,66 20,550.43 19,727.77
Bartels & McMahan ........................................................ 240.00 120.00 Item 153 D Terminal Operation
Interstate Power Co ..................................................... 7,874.21 7,885.28 ~ Terminal Operator ...,..,............. 3,000.00 200.00
Sale of Junk .................................................................... 21.82 273.70 Terminal Laborers ....,.....,,........
~ 8,000.00 140.80 5,473.02
Midland Truck & Equip. Co ......................................... 475,00 250.00 Office Help ................................ 1,200,00 433.33
Dubuque Bulk Commodities River Transport ...,.... 7,107.94 Equipment ................................ 3,000.00 1,754.63 745.37
Dubuque Transport Co ................................................. 505.43 Maintenance ............................,. 1,000.00 75.20 1,205.64 1,208.10
Molo Sand & Gravel Co . ............................................ 300.00 Material & Supplies .................. 5,000,00 179.20 695.84 5,441.60
Bartels & McMahan (Lumber) .................................... 36.75 ~ Insurance .........................,..,.,..... 1,500.00 885.41 982.56
Morton Salt Co ............................................................. 1,250.00 Improvements .................,.,,....... 6,000.00 16,304.08 875.00
Dubuque Marina Inc ..................................................... 1,000.00 Workmen's Compensation In-
Raymond Seyer Riverside Bowling Alleys, Inc..... 1,680.00 surance .................................... 300.00 276.04
J. A. Dodds & Sons ........................................................ 924.03
79,180.00 76,817,30
Cash on Hand First of Month ........................................................ 101,669.22
Receipts ................................................................................................ 4,757.06
Expenditures ...................................................................................... 6,935.84
Cash on Hand End of Month ............................................................ 99,490.44
December 31, 1958
Year Expended Expended Expended
Budget for to to Date
Month Date Last Year
Item 153 A Dock Operation
Salary Manager ........................ 1,500.00
Travel ........................................ 800.00
Maintenance .............................. 400.00
Material & Supplies ................ 500.00
Insurance .................................... 300.00
Traffic Association .................... 300.00
Improvements ............................ 500.00
Miscellaneous ............................ 500.00
1,349.99 1,299.99
416.92 141,30
120,83 362.23 187.04
258.80
533.46 283,54
300.00 300.00
36.00 685.38 5,505.11
I:
,.
1+
4,800.00 156,83 3,647.98 7,975.68
Item 153 B Dredge Operation
Manager Salary ........................ 1,500.00 1,374.99 1,299.99
Salaries Operators .................... 7,000.00 3,961.89 ~~
Wages Laborers ........................ 11,200.00 5,850.30
Maintenance & Repairs ,.....,. 3,000.00 253,22 2,371.83 it
Material & Supplies ................ 4,000.00 $59.95 88694 2,381.60 ,
)!electric Power ,,,,,,,,,,,,,,,,,,,,,,,, 6,000.00 2,688.67
29,000.00 254.40 21,186,40 15,435.02
126,125.00 6,935.84 51,712.35 62,537.53
December 31, 1958
Accounts Payable
Inland Waterways Corporation .................................... 29,601.55
Paid from Dec. 1951 to Oct. 31, 1958 ........................ 18,150,00
November 1958 ................................................................ none
December 1958 ................................................................ none 18,150.00
Balance due 11,451.55
December 31, 1958
$2,000,000.00 Bond Issue Financial Statement
Receipts
Bonds Sold ........................................................................................ 2,000,000.00
Interest & Adv. Premium returns on U.S. Gov. Inv. Bonds ..,. 57,143.24
Sales Tax Refunds ........................................................................ 6,470.72
Mettel Realty & Inv. Co ................................................................. 20.00
Investment Bonds Matured ........................................................ 2,600,000.00
St. Regis Paper Co ......................................................................... 505.25
4,664,139.21
Expenditures
Elections .............................................................. 1,169.44
Office ...........................................................:.................................... 4,118.26
Property Purchase & Claims ........................................................ 78,859.90
Engineering Services .................................................................... 90,551.14
Dredging Contract ........................................................................ 887,223.47
16~ Special Session, March 30, 1939
lihwthorne St. Sewer .........................:..............:....:........:.............
Little Chicago Storm Sewer .....................................................
RiPh2pPing .....:..................................................................................
Stone Surfacing to Access Roads ...................:.........:.:...:............
Watermains & Repairs ...............:........:.......................:...............
Boat Harbor 5e~eding Slopes & Surfacing Driveways ................
East ifith St. Culvert & Repairing East 16th St .....................
ltaisitig Transco, Lines .....................:............................................
Roosevelt-Hamilton-Storm Sewer ......................:.........................
1 St. Storm Sewer ..........................................................:.....
Grading Peosta Blvd .....................................................................
W®od Piling Boat Harbor ............................................................
Pbi~stq Blvd, Paving Contract ....................................................
Boat Launching Ramp ....................................................................
Area B Sanitary Sewers ................................................................
Gradldg Park Area between Boat Harbor & River ....................
Dglzi~ment Purchase (Weed Mower & Pump) ............................
Extra Work Orders ..........................................:.............................
I3bat Well ..........................................................................................
Grading Harnischfeger Acreage ................................................
Hawthorne St. Pump Station ........................................................
Guard Rails ......................................................................................
City of Dubuque Cedar, Maple St. Lift Station ....................
36,0$7.00
4,043.66
113,361.45
1,796.72
50,155.36
16,750.62
8,314.28
2,085.43
123,354.00
43,178.40
16,956.00
5,045.00
248,650.46
24,340.00
103,581.85
5,135.60
2,225.30
15,954.69
51,795.32
12,909.06
4,723.25
6,940.50
25,000.00
i,986,30fi.16
Purchase Investment Bands ...................................................... 2,606,022.18
.......................... 4,592,328,34
]latance December 31, 1958 .................................. 71,810.87
4,6fi4,i39.21
1! ands Available 12.31.58 .........:...................:.:.:................::........$ 71,810,87
Councilman Schueller moved
that the report be received and
made a matter of record. Sec-
omled by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
s"ilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Mrs. Myrtle
L Dockal, requesting a correction
of the amount allowed on their
agricultural tax exemption f o r
1958 as the result of an assess-
ment error, presented and read.
Mayor Kintzinger moved t h a t
the communication be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
ci9inen Freand, Schneller, Takos,
nU`eln.
Nays-None.
March 10,1959
To the Honorable Mayor and
1Me`mbers of the City Council,
bnbuque, Iowa,
tien`tlemen:
In accordance with the provision
'of the 1954 Code of Iowa the Civil
Service Commission conducted
examinations on March 9, 1959 for
Chief Operator and Operator
Grade H, at the Sewage Treatment
Plant.
The following are the names of
those who passed the examination
with an average of 70% or better:
CHIEF OPERATOR
Herbert L. McClean-98%
OPERATORS GRADE II
Robert W. Smith-8fi1/2%
Ralph P. Kremer-85%
Respectfully submitted,
S, F. JAENKE
Chairman
J. A. CAREW
LOUIS J. LAGEN
Members of the Civil Ser-
vice Commission.
Attest: LEO F. FROMMELT
Clerk.
Subscribed and sworn to before
me, a Notary Public, this 10th day
of March, 1959.
(Notarial Seal)
Geraldine L. Jenni
Notary Public.
Councilman Freund moved that
the communication be received
and made a matter of record.
Special Session, March 30, 1959 165
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Statement
of Receipts and a list of claims
for which warrants were drawn
for the month of February 1959,
presented and read. Councilman
Freund moved that the proof of
publication be received and filed.
Seconded by Councilman Takos,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
`'`s Communication of County Audi-
tor Meloy submitting the petition
of George H. Brandt for suspen-
sion or remission of taxes on
~ '' account of infirmity or old age
on S'h of Lot 162 in East Du-
- buque Addition, presented a n d
read. Councilman Freund moved
that the petition be granted. Sec-
-. onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of County Audi-
I~ for Meloy submitting the petition
~ of Barbara Rahloff for suspension
or remission of taxes on account
of infirmity or old age on E~Z of
Lot 352 in East Dubuque Addition,
~1 presented and read. Councilman
r` Freund moved that the petition
be granted. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas--Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
~ Welu.
' Nays-None.
' Communication of F o r e s t r y
Products 'stating that tree trim-
ming crews come and go through
the City each week and t h e i r
trucks and contents are possible
carriers of Dutch Elm Disease and
requesting that a check point be
established in the City to inspect
~ and spray these vehicles to pre
'F vent the disease from getting intc
Dubuque, presented and read.
I Councilman Takos moved that
the communication be referred tc
;he Park Board. Seconded by
"ouncilman Freund. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 12, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the reports
of the City Auditor, City Treas-
urer, City Health Department and
City Water Works for the months
of January and February as well
as list of claims for which war-
rants were issued for the months
of January and February, 1959.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Mayor Kintzinger moved that
the reports be received and filed.
Seconded by Councilman Freund.
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 23, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Joseph L.
Schubert and others requesting a
street light in the 2700 block of
Beverly Street was referred to the
City Manager for investigation and
report.
Upon investigation it was found
that the distance between Brawn
Street and the end of Beverly
Street is a distance of about 590
feet. Beverly Street is also adead-
end street at the west end.
It is recommended that two
street lights be installed, one at
the bend approximately 200 feet
west of Brown Street and another
light on an existing pole between
2761 and 2759 Beverly Street.
Respectfully submitted,
L. J. SCHII,TZ
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Schueller. Carried
by the following vote:
166 Special Session, March 30, 1959
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 26, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise that I have
approved the following bonds and
policies and desire to have your
approval on same for filing, sub-
ject to the approval of the City
Solicitor:
HEATIIQG
Ray H. Rafoth, d/b/a Ray
Rafoth Heating & Sheet Metal,
Bond No. B 3005, Wolverine In•
surance Co.
Alex Kollar, Bond No. 656446.59,
Western Surety Co.
SIDEWALK
Mike Steve, Columbia Casualty
Company.
Merlin P. Kluck, d/b/a M. P.
Kluck & Son. Unted States Fidelity
& Guaranty Company.
Heitzman Construction Com-
pany, The Fidelity & Casualty
Company of New York.
Raphael H. Strub, Bond No.
604791.59, Western Surety Com-
pony.
PAVING
Schueller Black Tap Company,
Policy A 415142, Standard Acci-
dent Insurance Company.
EXCAVATION
Schueller & Co. Inc., Policy
A 415141, Standard Accident In•
surance Company.
John Jones, Policy CGB 3101,
Dubuque Fire & Marine Insurance
Company.
Merlin Goerdt, Policy No. SMC
112-41545, American Surety Co. of
New York.
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Mayor Kintzinger moved that
the bonds and policies be filed
subject to the approval of the
City Solicitor. Seconded by Coun-
cilman Welu. Carried by the fol•
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Al J, Schiltz re-
questing access to Marquette
Street from his home on Clinton
Avenue by way of an alley was
referred to the City Council to
view the grounds.
Upon viewing the grounds, it
was the decision of the Council
that Mr. Schiltz now had access
to his property and it would be
necessary for him to grade the
front end of his lot in order to
use the alley. The City further
felt that any change to this alley
would not be in the best interests
of the City.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Councilman Welu moved that
the decision of the Council be
confirmed. Seconded by Council-
man Freund. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
White Street between 4th and
21st Streets is a primary road
extension and carries a consider-
able amount of north bound traffic
on Highways 151, 61 and 52.
This street is, in my opinion, in-
adequately lighted for this in-
creasing volume of traffic.
I have asked the Electrical In-
spector and Interstate P o w e r
Company to review the lighting
conditions on this street a n d
make recommendations as to the
proper lighting for this highway
traffic. Based on their study I
recommend that the existing lights
on White Street be removed and
that new lights be installed start-
ing at East 4th and White inter-
section and extending to 21st and
White Streets. All lights to be of
6,000 lumens and that lights be
placed at all intersections and
at mid-block points. The lights at
4th and White and 21st and White
i
~'
i~
la
I
i
~..
~F
I ,:
_.
i
Special Session, March 30, 1959 167
Streets shall be 10,000 lumens to
indicate a brighter intersection be-
cause of the turning movements
that are made.
Respectively submitted,
L. J. SCHILTZ
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
March 5, 1959.
Honorable Mayor and
Members of the City Council,
Dubuque, Iowa.
Gentlemen:
I have examined the claim of
Warren G. Higgins, 1764 Bennett '
Street, and can find no negli- '
Bence on the part of the City
and recommend that the claim
be denied.
Respectfully submitted,
T. H. NELSON
Councilman Takos moved that
the recommendation of the City
Solicitor be approved. Seconded
by Councilman Freund. Carried
by the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 5, 1959.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
I have examined the claim of
Betty E, Thiltgen, 2830 Central
Avenue, for damages sustained at
Twenty Second and Central Ave-
nue on October 8, 1958, and find
that the injuries were sustained
as alleged.
I have discussed the matter
with Miss Thiltgen and she has
agreed to accept the sum of
$65.50 in full settlement of her
claim.
I recommend that this settle-
ment be allowed and the City
Auditor instructed to issue a war-
rant payable to Betty Thiltgen in
the sum of $65.50, and deliver the
same to her upon receipt of a
properly executed release.
Respectfully submitted,
T. H. NELSON.
Councilman Freund moved that
the recommendation of the City
Solicitor be approved. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 10, 1959.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa,
Gentlemen:
I have investigated the claim of
Walter Helbing, 369 East 20th
street, for injuries sustained in a
fall on a crosswalk February 19,
1959 and find that he fell as
claimed; that the defect existed,
and that claimant sustained a
fracture of the left ankle.
I have discussed the claim with
Mr. Helbing and he has agreed
to accept $311.60 in full settle-
ment.
I recommend that this settle•
ment be approved and the City
Auditor instructed to issue a war-
rant payable to Walter Helbing
in the sum of $331,60 and deliver
it to him upon receipt of a proper-
ly executed release.
Respectfully submitted,
T. H, NELSON
Councilman Freund moved that
the recommendation of the City
Solicitor be approved. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Patrick J.
Fleming in the amount of $25.00,
for damage to his car as the result
of striking a hole in Valley street
on March 28, 1959, presented and
read. Councilman Freund moved
that the claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Francis
Brosius of 478 Primrose Street,
in the amount of $50.00, for dam-
age to the basement of his home
168 Special Session, March 30, 1959
and contents as the result of a
sewer backing up on February 13,
1959, presented and read. Council-
man Freund moved that the claim
be referred to the City Solicitor
for investigation and report,
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of James R. Mai
of 750 Loras Blvd, in the amount
of $50.00, for damage to his home
and contents as the result of a
sewer clogging up on September
3, 1958, and December 26, 1958,
presented and read, Councilman
Freund moved that the claim be
referred to the City Solicitor far
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of A. M. Meyers
of 2898 Washington Street, in the
amount of $50.00, for expense in-
curred as the result of a sewer
backing up into the basement of
his home, on February 27, 1959,
presented and read. Councilman
Freund moved that the notice be
referred to the City Solicitor far
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
oilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of suit of Hollis Root in
behalf of William Root a minor
plaintiff and City of Dubuque, De•
fendant, in the amount of $12,000,
repleading and stating his case in
the amount of $3000.00, for per-
sonal injuries received by William
Root on December 17, 1958, pre•
sented and read. Councilman
Freund moved that the notice be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Marguerite
Czipar of R.R. No. l Dubuque, in
the amount of $28.59, for damage
to her car as the result of striking
a hole in the street at Rising Ave-
nue near the intersection of Oak
street on February 28, 1959, pre-
sented and read. Councilman
Freund moved that the notice be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Mrs. Jose-
phine Tegeler, of 1088 Main Street,
in an un-named amount, for per-
sonal injuries received in a fall
on an ice covered walk on East
15th street on March 9, 1959, pre-
sented and read. Councilman
Freund moved that the notice be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Mrs. Herman
Leute of 2216 Rhomberg Ave., in
an un-named amount, for personal
injuries received in a fall on an
ice covered walk at the alley on
8th street on February 12, 1959,
presented and read. Councilman
Freund moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Mrs. Ruth
Baumgartner of 589 W. 8th Street,
in an un-named amount, for per-
sonal injuries received in a fall
on an ice covered sidewalk on
8th Avenue on February 14, 1959,
presented and read. Councilman
Freund moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
oilmen Freund, Schueller, Takos,
Welu,
Nays-None.
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Special Session, March 30,1959 169
Notice of claim of Earl Griffith
of 940 Southern Avenue, in the
amount of $183.00, for personal
injuries received in a fall on an
ice covered walk on S. Grandview
Avenue February 20, 1959, pre-
sented and read. Councilman
Freund moved that the claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Robert L.
Phillips of 729 Bluff Street, in the
amount of $88.31, for damage to
his car during the removal of
snow from the 6th street parking
lot on March 16, 1959, presented
and read. Councilman Freund
moved that the claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Marguerite
Molony of 1220 W. 12th street in
the amount of $740.00, for per-
sonal injuries received in a fall
on an ice covered sidewalk on
12th street near St, Mark's
Lutheran Chgrch on January 6,
1959, presented and read. Coun-
cilman Freund moved that t h e
claim be referred to the City So-
licitor for investigation and re-
port. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
oilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of .suit of Kathleen Ryan
a minor by Joseph Ryan, her
father, and next friend, Plaintiff
vs. City of Dubuque and Board of
Dock Commissioners in the amount
of $6500.00, for personal injuries
received as the result of collapse
of a defective public swing in
Grandview Park on April 22, 1958,
presented and read. Councilman
Freund moved that the Notice be
referred to the City Solicitor for
investigation and report. Sec•
onded by Councilman Takos. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Carl A.1'ickel
of 1980 Lincoln Ave., in the
amount of $200.00, for expense in-
curred as the result of the sewer
backing up into the basement of
his home on March 19, 1959, pre-
sented and read. Councilman
Freund moved that the claim be
referred to the City Solicitoi• for
investigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
oilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Howard
Meyer of 2105 Rhomberg Avenue,
in the amount of $1000. for dam-
age to the basement and contents
of his home as the result of a
sewer backing up on March 19,
1959, presented and read. Council-
man Freund moved that the claim
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of suit of Bertha A.
Hamel, plaintiff and City of Du-
buque Defendant, in the amount
of $14,500 for personal injuries
received in a fall on an ice cov-
ered walk at 345 W. Locust Street
on February 8, 1959, presented
and read. Councilman Freund
moved that the claim be referred
to the City Solicitor for investi-
gation and report. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of suit of F l o r e n c e
5tocum, Plaintiff and City of Du•
buque, Defendant, in the atl4ount
of $14,500 for personal injuries
received in a fall on an ice cov
eyed crosswalk at 12th and Lo-
cust street on February 6, 1959,
presented and read. Councilman
Freund moved that the claim be
170 Special Session, March 30, 1959
referred to the City Solicitor for
investigation and report, Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE N0. 12.59.
An Ordinance amending Ordi-
nance No. 33.49, known as the
Traffic Code of the City of Du-
buque, by repealing Section 56 of
Schedule VI thereof, and enacting
a Substitute therefor; and by Add•
ing a new Section 84 to Schedule
VI thereof, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schuel•
ler. Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund 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 Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE NO, 12.59
An Ordinance Amending Ordinance
No. 33.49 known as the Traffic Code
of the Clty of Dubuque, by Repealing
Section 56 of Schedule VI thereof, and
Enacting a Substitute therefor; and by
Adding a new Section 84 to Schedule
VI thereof,
BE IT ORDAINED BY THE COUN•
CIL OF THE CITY OF DUBUQUE:
Section 1, That Section 58 of Sched•
ule VI of Ordinance Na. 33-49 known
as the Traffic Code of the City of Du•
buqque be and the same 3s hereby re•
pealed and the following enacted in
lieu thereof:
"56. The east side of Foye street
from West Locust Street to Napier
Street "
Sectlon 2. That Schedule VI of Ordi-
nance No. 33.49 known as the Traffic
Code of the City of Dubuque, be and
the same is hereby amended by add-
ing anew Section E4 thereto as fol-
lows:
"84. The west side of Alpine Street
from West Fifth Street to University
Avenue."
Sectlon 3, Thts Ordinance shall be in
full force and effect from and after its
final passage, adoption and publication
as by law provided.
Introduced the 30th day of March,
1959.
Rule requiring reading on three sepa-
rate days suspended by unanimous vote
the 30th day of March, 1959.
Passed by recorded roll Call vote,
adopted and approved this 36th day of
March, 1959.
CHARLES A. KINfZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially in the Telegraph~
Herald newspaper this 3rd day of
April, 1959.
LEO F. FROMMQ,T
City Clerk
It 43.
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 18, 1959
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
Adopted resolution No, 21.58 in
connection with the November 1,
purchase order of the St. Regis
Paper Company of New York, ac-
cepts the terms and conditions set
forth by this offer.
Paragraph No, 6 of this offer
reads "The City shall reserve ease-
ments for sewers and access to
maintain the riprap as subsequent-
ly agreed upon, and the City shall
make available public land for rail-
road access to the premises.
Subsequent negotiations with
the Milwaukee railroad have pro-
duced their agreement to provide
a track across the "light industrial
area, and Kerper Boulevard, to
the St. Regis Paper Company prop-
erty line,"
It is our understanding that a
plat indicating the public land to
be made available far such pur•
poses will be submitted to you
prior to the next meeting of the
City Council requesting that an
easement be granted as indicated
on said plat under title of Block
18.
It is planned that construction
of our plant will start early in
April, and as said construction
cannot start until this easement
has been granted, we respect your
urgent cooperation in the grant-
ing of the requested easeemnt.
Sincerely yours,
DUBUQUE CONTAINER DIV.
St. Regis Paper Co.
F. L. Wagner, Pres,
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Special Session, March 30, 1959 171
Councilman Freund moved that
the communication be received
and made a matter of record. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilman Freund, Schueller, Takos,
Welu.
Nays-None.
March 27, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted for your
consideration is subdivision plat
of Blocks 16,17, 18 and 19 in River
Front Subdivision Number 3 in the
City of Dubuque,
This subdivision is located on
Kerper Boulevard from Fengler
Street northerly.
The Planning & Zoning Commis-
sion approved this plat March 25,
1959 provided easements for pres-
ent utilities and public sewers are
established,
Respectfully submitted,
Dubuque Planning & Zoning
Cpmmi$sion
By Owen Riley, Secretary
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman Ta•
kos. Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Chicago, MIl-
waukee, St. Paul and Pacific Rail-
road Company requesting the
Council to consider an application
for easement and crossing permit
over Block 18 Riverfrant Subdivi-
sion No, 3 to Dubuque Container
Div, of St. Regis Paper Co., pre•
sented and read. Councilman
Freund moved that the communi-
cation be received and filed. Sec-
onded by Councilman Takos. Car-
ried by the following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE NO. 13.59
An Ordinance granting Chicago,
Milwaukee, St. Paul and Pacific
Railroad Company permission tc
construct, maintain and operate a
side track across Block 18 in River•
front Subdivision No. 3, and across
Kerper Boulevard, and prescribing
the terms and conditions thereof,
presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun•
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Ki'ntzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE No. 13.59
An Ordinance Granting Chi•
cago, Milwaukee, St. Paul and
Pacific Railroad Company per•
mission to construct, maintain
and operate a side track across
Block 18 in Rivertront Subdi•
vision No. 3, and across Ker•
per Boulevard, and Prescribing
the terms and conditions there-
of.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That permission be
and the same is hereby granted to
Chicago, Milwaukee, St. Paul and
Pacific Railroad Company, its suc-
cesaore and assigns, to lay down,
operate and maintain a side track
in the City of Dubuque along and
across Bieck 18 in Rivertront Sub-
division No. 3, as the same appears
upon the plat of said Subdivision
prepared by Bartels & McMahon
Engineering Company, under date
of March 5, 1959;
Section 2. That permission be
and the same is hereby further
granted to Chicago, Milwaukee, St.
Pau] and Pacific Railroad Com-
pany, its successors and assigns, to
]ay down, operate and maintain an
extension of the sidetrack author-
ized in Section 1 hereof across Ker-
per Boulevard by the most direct
route to Block 7 04 Rivet'frant Sub-
division No. 3;
Section 3, That in the laying
down and operation oP sold side-
track the same shall be so con-
I strutted and maintained as to cre-
ate the least possiible obstruction
to ordinary travel and the use of
the street crossed; that care shall
not be allowed to stand on said
street and said track shall at alt
times be used in accordance with
all ]awful regulations now or here-
after enacted by the City of Du_
buque;
Section 4, That said sidetrack
shall cross said street at the estab-
lished grade of the street and
should the grade be changed at
any time said track shall be chang-
ed to conform to such change, at
the expense of said company, with-
out any claim against the Clty
of Dubuque;
172 Special Session, March 30, 1959
Section 5. That said company
shall keep the apace between the
rails of said sidetrack and the
apace to a line one foot beyond the
Bads of the ties thereof at the
place where the same crosses Ker-
per Boulevard, properly paved or
otherwise improved as the City
Council may d[rect and shall keep
any sidewalk crossing said track
properly Daved or otherwise im-
proved as the City Council may di-
rect; that said sidetrack shall be
so constructed and maintained as
not to dam up or obstruct the flow
and drainage of water on Kerper
Boulevard;
Section 8. That the rights here-
in granted are subject to the prior
right of the City of Dubuque to
maintain the storm sewer cross-
ing said premises, and grantee
shall take ouch steps as may be
necessary to protect said sewer in
accordance with plane approved by
the City Manager;
Section 7. That in the event the
said Company shall fail to exercise
the authority to construct the side-
track described in Sections 1 and
2 hereof prior to October 1, 1959
the authority herein granted shall
be void and this Ordinance shall
be of no effect.
Section 8. That this Ordinance
shall take effect and be in full
force from and after 1ta passage
and publication and the written ac-
ceptance of the terms and condi•
bona thereof by the Chicago, Mil-
waukee, St. Paul and Pac[flc Rall•
road Company, duly endorsed here-
on.
Introduced the 30th day of March,
A.D., 1969.
Rule requiring reading on three
separate days suspended by uanim-
ous vote the 30th day of March,
A. D. 1969.
Passed by recorded roll-call vote,
adopted and approved this 30th
day of March, A.D., 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAK03
Councilmen.
Attest: LEO F. FROMMELT,
City Clerk.
Published oitlcially 1n T h e
Telegraph-Herald newspaper this
23rd day of April, 1969.
LEO F. FROMMELT,
City Clerk.
ACCEPTANCE OF ORDINANCE
No. 13.59
Chicago, Milwaukee, St. Pau] and
Pacific Railroad Company, having
full knowledge and understanding
of the terms and conditions of Or-
dnance No. 13.69, hereby accepts
the same as adopted and agrees to
comply with all the terms and con_
dttions thereof.
CHICAGO, MILWAUKEE,
ST. PAUL AND PACIFIC
RAILROAD COMPANY.
BY F. G. McGINN,
It 4/23 Ito Vice President,
Councilman Freund moved the
adoption of the Ordinance. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 26, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Catfish Creek Sanitary Sew-
er was constructed in 1956 and
1957 and some sections of this
sewer are on streets and could be
used to serve homes along these
streets,
The property abutting this sewer
should be authorized to connect to
the sewer upon application and
payment of a connecting charge.
This connecting charge amounts to
$3.45 per foot and was determined
by using the average cost per foot
of the Lenox Addition sewers.
I recommend that the attached
ordinance be approved.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved, Second•
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 1459
An Ordinance Establishing
Terms and Conditions under which
property owners in the City of
Dubuque may connect house lat-
eral sewers to Catfish Creek Sani•
tart' Sewer, and providing a pen•
ally for violation hereof, presented
and read. Councilman Freund
moved that the reading just had
be considered the first reading of
the Ordinance. Seconded by Coun-
cilman Welu. Carried by the fol•
lowing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Takos. Carried by the fol•
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 14.59
An Ordinance Estabnshing Terms
and Condltiona under which Prop•
b
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I
Special Session, March 30, 1959 173
arty Owners in the City of Dubuque
may connect house lateral sewers to
Catfish Creek Sanitary Sewer, and
providing a penalty for violation
hereof.
BE rr ORDAINED BY THE CITY
COUNCII. OF THE CITY OF DU•
BUQUE:
Section 1, That no person, firm or
corporation shall connect any house lat•
eral sewer to the Catfish Creek Sani-
tary Sewer as the same appears upon
the plans thereof prepared by the City
Engineer and approved by the City
Council August S, 1956, including 5ec-
tions I, 11 HI and IV thereof, without
first complying with the provisions of
this Ordinance;
Section 2. That a house lateral sewer
serving any real estate located within
the City of Dubuque may be connect-
ed to the said Catfish Creek Sanitary
Sewer upon application to the City
Manager for permission to do so and
payment to the City Treasurer of a fee
of $3.95 per foot for each foot in width
of the area to be served, The "width
of the area to be served" as used here-
in shall mean its mean width measured
at right angles to its mean depth;
Section 3. That a house lateral sew•
er serving any real estate located out•
side the City limits of Dubuque may,
to the sole discretion of the City Coun•
cil, be connected to said sewer under ~,
such terms and conditions as the City
Counen may in each instance establish
by Resolution, but such terms and con•
ditlons shall not be more favorable to
such property than the rates estab•
lashed for property located within the
City;
Section 4. That the provisions of this
Ordinance shall not apply to real es•
fate owned by the City of Dubuque or
to main sewers constructed by the Clty
of Dubuque or its permittees;
Section S. That all sums received as
payment of the connection charges es-
tablished herein shall be paid into the
Sanitation Fund.
Section 6, Any person who violates
any of the provisions hereof shall, upon
conviction be punished by a fine not
to exceed One Hundred Dollars ($100)
or imprisonment not to exceed thirty
(30) days.
Section 7. This Ordinance shall be in
fun force and effect from and after
its final passage, adoption and publi-
cation as by law provided.
Introduced the 30th day of March,
1959.
Rule requiring reading on three sep•
orate days suspended by unanimous
vote the 30th day of March, 1959.
Passed by recorded roll call vote,
, adopted and approved this 30th day of
March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
Councimen
Attest:
LEO F. FROMMELT
City Clerk
Published officially in the Telegraph~
Herald newspaper this 3rd day of April
1959.
LEO F. FROMMELT
lt. 4.3 City Clerk.
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE NO. 15.59
An Ordinance Amending Ordi-
nance No. 33-49, known as the
Traffic Code, by Repealing Section;
D-7 of Schedule III. thereof, and
Enacting a new Section B-17 to
schedule III thereof, presented and
read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Welu,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Welu, Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0, IS•S9
An Ordinance Amending Ordinance
No. 33.49, Known as the Traffic Code,
by Repealing Section D•7 of Schedule
III thereof and Enacting a new Section
B-17 to Sci~edule HI thereof.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE:
Section 1. That Section D•7 of Sched•
ule III of Ordinance No. 33.49 known
as the Traffic Code of the City of Du-
buque be and the same is hereby re•
pealedl
Sectien 2. That Ordinance No. 33.49,
known as the Traffic Cade of the City
of Dubuque, be and the same is hereby
amended by adding a new Section B-17
to Schedule III thereof, as follows:
`8.17 Glen Oak and Vernon,"
Section 3. This Ordinance shall be
in full Force and effect from and after
its final passage, adoption and publics~
lion as by law provided.
Introduced the 30th day of March,
1959.
Rule requiring reading on three sep•
orate days suspended by unanimous
vote the 30th day of March, 1959.
Passed by recorded roll call vote,
adopted and approved this 30th day of
March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially in The Telegraph-
Herald newspaper this 3rd day of Aprn
1959.
LEO F. FROMMELT
it. 43 City Clerk
Councilman Freund moved the
adoption of the ordinance. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
174 Special Session, March 30, 1959
Petition of Mrs. Elsie Snyder
requesting a $100 refund on the
unexpired portion of Class B beer
license No. 89, as she has discon-
tinued business on March 2, 1959,
presented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to draw a warrant payable to Mrs.
Elsie Snyder, in the amount of
$100.00, to cover the amount due
on the unexpired portion of beer
license No. 89. Seconded by Coun•
Gilman Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Gregor J. Vorwald re-
questing a $150.00 refund on the
unexpired portion of Class B beer
license No. 137, as he has discon-
tinued business on March 2, 1959,
presented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to draw a warrant payable to Gre•
gor J. Vorwald, in the amount of
$150.00, to cover the amount due
on the unexpired portion of beer
license No. 137. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of John H. Vorwald re-
questing a $25.00 refund on the
unexpired portion of cigarette li-
cense No. 102, as he has discon-
tinued business on March 1, 1959,
presented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to draw a warrant payable to John
H. Vorwald, in the amount of
$25.00, to cover the amount due
on the unexpired portion of cig•
arette license No. 102. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Take,
Welu.
Nays-None.
Petition of Mrs. Adele Bahl re-
questing x$25.00 refund on the
unexpired portion of cigarette li-
cense No. 144 as she has discon-
tinued business on March 31, 1959,
presented and read. Councilman
Freund moved that the refund be
granted and the Auditor instructed
to draw a warrant payable to Mrs.
Adele Bahl, in the amount of
$25.00, to cover the amount due on
the unexpired portion of cigarette
license No. 144. Seconded by Coun-
cilman Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Petition of Benedict F. Erschen,
requesting a $25.00 refund on the
unexpired portion of cigarette li-
cense No. 176, as he has discon•
tinued business on March 30, 1959,
presented and read, Councilman
Freund moved that the refund be
granted and the Auditor instruct-
ed to draw a warrant payable to
Benedict F. Erschen, in the amount
of $25.00, to cover the amount due
on the unexpired portion of cig-
arette license No. 176. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Grange J. Kohn, re-
questing a $25.00 refund on the
unexpired portion of cigarette li•
tense No, 259, as he has discon-
tinued business on March 30, 1959,
presented and read. Councilman
Freund moved that the refund be
granted and the Auditor instruct-
ed to draw a warrant payable to
Grange J. Kohn, in the amount of
$25.00, to cover the amount due on
the unexpired portion of cigarette
license Na. 259. Seconded by Coun•
Gilman Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Grange J. Kohn, re•
questing a $50.00 refund on the
unxepired portion of Class B beer
license No. 88, as he has discon-
tinued business on March 30, 1959,
presented and read. Councilman
Freund moved that the refund be
granted and the Auditor instruct-
ed to draw a warrant payable to
Grange J. Kohn, in the amount
of $50.00, to cover the amount
due an the unexpired portion of
v.
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I
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R
Special Session, March 30, 1959 175
beer license No, 88. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Jack C. Jones re-
questing permission to excavate
in the streets and alleys of the
City, presented and read. Council-
man Takos moved that the petition
be granted providing a proper pol-
icy is furnished. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Thomas J. Mulgrew
Co. requesting the extension of the
City water main beyond the City
limits to serve Lot 1 Henry Zieg-
lers Subdivision at the northwest
corner of the intersection of As•
bury and Old Timers Road, pre-
sented and read. Mr. Allan T. Day-
kin addressed the Council in sup-
port of the petition. After consid-
erable discussion Councilman Ta•
kos moved that the petition be re-
ferred to the Council for further
study, Seconded by Councilman
Freund, Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takdc,
Welu.
Nays-None.
Petition of the Ladies of the
G. A, R. Shiloh Circle No, 37, re-
questing permission to hold tag
days on September 12th and 14th,
presented and read. Mayor Kint•
zinger moved that the petition be
granted providing there are no
conflicting dates. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of G. J. Hohnecker Co.
and Crescent Realty Corporation,
requesting the vacation of an alley
in Block 24 in Dubuque Harbor
Company Addition, running north
and south between Railroad Ave•
nue and Camp streets, presented
and read. Councilman Welu moved
that the petition be referred to
the Planning & Zoning Camrnis-
sion. Seconded by Councilman Ta•
kos. Carried by the f®llowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Thomas L. Gavin et
al requesting the completion of
the storm sewer between McPoland
and Marmora avenues, presented
and read.
Mr. Tam Gavin addressed the
Council in support of the petition.
Mayor Kintzinger moved that the
petition be referred to the Man-
ager for investigation and report
and also that the Council view the
grounds. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Dubuque County
Farm Bureau requesting permis-
sion to make water connection
with the existing main at the
corner of Asbury and Old Timers
Road to service a proposed new
office building just outside of the
City Limits, presented and read.
Councilman Takos moved that the
petition be referred to the Council
for further study. Seconded by
Councilman Freund. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Edwin Ploessl et al
requesting that Carlton Avenue be
improved with curb and gutter,
presented and read. Mayor Kint-
zinger moved that the petition be
referred to the City Manager for
investigation and report. Seconded
by CouncIlman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
'cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Margaret Steichen
requesting permission to construct
a private eight inch sanitary sewer
in Roosevelt street to serve Stei-
chen Subdivision, presented and
read. Councilman Schueller moved
that the petition be granted and
that proper ordinance be prepared.
176 Special Session, March 30, 1959
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Merlin F. Goerdt, re-
questing permission to excavate
in the streets and alleys of the
City, presented and read. Council-
man Welu moved that the peti-
tion be granted providing proper
policy is furnished. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Mrs. F. L. Specht of
95 Valley street requesting con-
sideration in cleaning up the up•
per end of Quinn Street in order
to make is useable at least for
walking to be able to get up to
Rush street, presented and read.
Mr. Frank Specht addressed the
Council in support of the petition.
Councilman Schueller moved that
the petition be referred to the City
Manager for investigation and re-
port. Seconded by Councilman Ta-
kos. Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Westchester Inc, for
the extension of sewer and water
connections to the present utilities
on the Peter M. Pfohl farm at the
corner of Asbury and Old Timers
Road, presented and read. Council•
man Takos moved that the peti-
tion be referred to the Council for
further study. Seconded by Coun-
cilman Freund. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Petition of Francis Kohl et al
requesting the installation of a
street light on Stafford avenue be-
tween Edison and Merz street,
presented and read. Mayor Kint-
zinger moved that the petition be
referred to the City Manager and
Electrical inspector for investiga-
tion and report, Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0.65d9
Resolution commending the Po-
lice Department on the excel-
lent manner they conducted
themselves February 26, 1959,
in rescuing two boys from a cave.
WHEREAS, on the nights of
February 25th and February 26th,
members of the night shift of the
Police Department under Captain
Byrne O'Brien rescued two bo§s
trapped in a cave south of Dodge
Street, and
WHEREAS, the rescue of these
boys was made possible by search-
ing through an old cave without
regard to their own safety,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the Police Department and es-
pecially the night shift are hereby
commended for their diligent ef-
fort and action in the rescue of
Thomas Tierney and Gary Potter
the morning of February 26, 1959.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Freund moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 27, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
sheets No. 1 to 2 inclusive showing
a schedule of the proposed valua-
tions and proposed assessment for
the Southern Avenue Sanitary
Sewer-Bid Section No. 1 and Bid
Section No. 2.
Submitted this 30th day of
March, 1959.
K. J. CULLEN, City Engineer
t•
sr '
~'
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Special Session, March 30, 1959 177
Councilman Freund moved that
the communication be received
and filed, Seconded by Mayor Kint-
zinger. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 6659
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached
sheets No. 1 to 2 inclusive are
hereby determined to be the sched-
ule of proposed assessments for
the Southern Avenue Sanitary Sew•
er Bid Section No. i and Bid Sec-
tion No, 2.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. I';INTZINGER
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P, WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION NO. 67.59
Preliminary approval of plans,
specifications, form of contract
and plat and schedule and all other
documents for the construction of
an 8" sanitary sewer in Southern
Avenue Bid Section No. 1 and No,
2; Bid Section No. l-from the City
corporation limit abutting lot No.
1 of i Mineral Lot 5 and No. 4 of
Mineral Lot 6 thence northerly in
Southern Avenue to Lot No. 7 of
Mineral Lot 24; and from the
centerline of Southern Avenue to
the westerly end of Dunleith
Street; and from the centerline of
Southern avenue westerly through
Lot No. 5 and Lot No. 6 of Jacob-
son Heights to Lot No. 5 of Jacob•
son Heights thence northerly
through Lots No. 1, 2, 3, 4 and 5 of
Jacobson Heights to the north prop-
trey line of Lot No. 1 of Jacobson
Heights;
Bid Section No. 2
for the construction of an eight
inch (8") sanitary sewer in and
along Southern Avenue from the
City Corporation limit abutting Lot
No. l of 1 of Mineral Lot 5 and Lot
No. 4 of Mineral Lot 6 thence
southerly in Southern Avenue to a
junction with the Catfish Creek
sanitary sewer line opposite Lot No.
1 of the Rockdale Addition, at an
estimated cost of $46,023.27, pre-
sented and read.
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO.6EF59
WHEREAS, proposed p 1 a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the
City Council of the City of Du•
buque and are now on file in the
office of the City Clerk showing
among other things the following:
1. The size and kind of sewers.
2. Each lot proposed to be asses•
sed together with a valuation fixed
by the council.
3. 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.
4. In each case the amount there•
of which is estimated to be as•
sessed against each lot, for the
Southern Avenue Sanitary Sewer
Bid Section No. l-Bid Section No.
2.
Bid Section No. 1
For the construction of an eight
inch (8") Sanitary Sewer along
Southern Avenue from the City
Corporation Limit abutting lot
No. 1 of 1 of Mineral Lot 6
and Lot No. 4 of Mineral Lot 6
thence northerly in Southern Av-
enue to Lot No. 7 of Mineral Lot
24; and from the Centerline of
Southern Avenue to the westerly
end of Dunleith Street; and from
the centerline of Southern Avenue
Westerly through Lot No. 5 and
Lot No. 6 of Jacobson Heights to
Lot No. 5 of Jacobson Heights
thence northerly through Lots No.
178 Special Session, March 30, 1959
1, 2, 3, 4, and 5 of Jackson Heights
to the North Property Line of Lot
No. 1 of Jacobson Heights.
Bid Section No. 2
For the construction of an eight
inch (8") Sanitary Sewer in and
along Southern Avenue from the
City Corporation Limit abutting
Lot No. 1 of 1 of Mineral Lot 5
and Lot No. 4 of Mineral Lot 6
thence southerly in Southern Av-
enue to a junction with the Catfish
Creek Sanitary Sewer Line op-
posite Lot No. 1 of the Rockdale
Addition.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion, 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 con-
sideration of this proposed resolu•
lion 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 improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there•
fore 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 proper-
ty lying within assessable distance
provided by law and in an amount
not to exceed the amount provided
by law, property will be assessed
whether the same abuts thereon
or is adjacent thereto according
to area and in proportion to the
special benefits conferred thereby,
and any deficiency shall be paid
out of the sewer funds, or partly
out of each of said funds. Sewer
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract has
been performed and accepted and
the proceeds thereof used to pay
the contractor. The railway portion
of any street or assessment district
shall be assessed to and paid by
the railway company.
The above resolution was intro-
duced, approved and ordered
placed on file with the Ctiy Clerk
this 30th day of March, 1959.
Approved and placed on file for
final action.
Approved
CHARLES A, KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS,
Councilmen.
Attest: LEO F, FROMMELT
City Clerk
Councilman Schueller moved the
approval of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
(Fixing date of hearing)
RESOLUTION NO. 69.59
WHEREAS, the City Council of
Dubuque, Iowa, has by Resolution
No. 67-59 given its preliminary
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 Southern Av-
enue Sanitary Sewer-Bid Section
Na. 1-Bid Section No. 2,
Bid Section No. 1
For the construction of an eight
inch (8") Sanitary Sewer in South-
ern Avenue from the City Corpora-
tion Limit abutting Lot No. 1 of 1
of Mineral Lot 5 and Lot No. 4 of
Mineral Lot 6 thence northerly in
Southern Avenue to Lot No. 7 of
Mineral Lot 24; and from the cen-
terline of Southern Avenue to the
westerly end of Dunleith Street;
and from the centerline of South-
ern Avenue westerly through Lot
No. 5 and No. 6 of Jacobson
Heights to Lot No. 5 of Jacobson
Heights thence northerly through
Lots No. 1, 2, 3, 4 and 5 of Jacob-
son Heights to the North Property
Line of Lot No. 1 of Jacobson
Heights.
Bid Section No. 2
For the Construction of an eight
inch (8") Sanitary Sewer in and
along Southern Avenue from the
City Corporation Limit abutting
Lot No, 1 of 1 of Mineral Lot 5
and Lot No. 4 of Mineral Lot 6
thence southerly in Southern Av-
enue to a junction with the Cat-
fish Creek Sanitary Sewer Line op•
Special Session, March 30, 1959 179
posite Not No. 1 of the Rockdale
Addition.
and,
WHEREAS, the proposed Resolu-
lion of Necessity for said improve-
ment has been introduced and is
noly on file in the City Clerk's of-
fice for public inspection.
BE IT THEREFORE RESOLVED
that on the 4th day of May, 1959,
a public hearing will be held at
7:30 o'clock P. M, in the Council
Chamber in the City of Dubuque
~ at which time the owners of prop-
erty subject to assessment for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract and at
i the same time to the boundaries of
the proposed district, to the cost
of the improvement, to the amount
proposed to be assessed against any
lot and to the passage of the pro-
posed Resolution of Necessity and
the City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the city of Dubuque,
the last of which shall be not less
r than two (2) nor more than four
(4) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
final consideration of said resolu-
~ lion have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
~ objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 30th day of March, 1959.
~ CHARLES A, KINTZINGER
w
' Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS,
Councilmen.
' Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
' by the following vote:
Yeas-Mayor Kintzinger, Coun-
I cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
r
I
March 27, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted for your
consideration is a subdivision
plat of David Place. This subdivi-
sion is located on Kane Street in
the 1500 block.
This subdivision was approved
by the Planning & Zoning Com-
mission March 25, 1959.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Freund moved that
the communication be received
and filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
RESOLUTION N0.10.59
RESOLUTION Approving Plat of
DAVID PLACE.
WHEREAS there has been filed
with the City Clerk a plat in which
Lot 2 of Lot 1 of Lot 1 of Willy
Place in the City of Dubuque,
Iowa is platted as DAVID PLACE.
and,
WHEREAS said plat has been
examined by the City Plan Com-
mission and had its approval en•
dorsed thereon; and,
WHEREAS said plat has been
examined by the City Council and
they find the same conforms to
the Statutes and Ordinances re•
lating thereto;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the above des•
cribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
authorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this 30th day of March A. D., 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS,
Councilmen
180 Special Session, March 30,1959
Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
March 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the attached
sheet showing a schedule of the
proposed valuations and proposed
assessments for the improvement
of Marquette Place with Bitumin-
ous Concrete Paving.
Submitted March 30th, 1959.
K. J. Cullen, City Engineer
Mayor Kintzinger moved that
the communication be received
and filed. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 71.59
BE 1T RESOLVID BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section i. That the attached sheet
isc hereby determined to be the
schedule of proposed assessment
for the improvement of Marquette
Place with Bituminous Concrete
Paving.
Adopted this 20th day of March,
1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilmen Welu moved the
adoption of the resolution. Second-
ed by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 72.59
Preliminary approval of the pro•
posed plans, specifications, form of
contract, plat and schedule, and
all other documents contained
herein for the improvement of
Marquette Place with Bituminous
Concrete paving from the end of
existing concrete paving at the
south property line of Lot 2 of 2 of
3 of Audubon Addition to the east
property line of 308 of Glendale
Add. No. 3, at estimated cost of
$1,876.05, presented and read.
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Freund. Car-
ried by the following vote:
Yets-Mayor Kintzinger, Coun-
cilman Freund, Schueller, Takos,
Welu.
Nays-None.
(Neceuity for Improvement)
RESOLUTION N0. 73.59
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the
City Council of the City of Du-
buque and are now on file in the
office of the City Clerk showing
among other things the. following:
1. The assessment limits.
2. The streets to be improved.
3. The width of such improve-
ment,
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the
improvement of Marquette Place
with Bituminous Concrete Paving
from the end of existing concrete
paving at the South Property Line
of Lot 2 of 2 of 3 of Audubon
Add, to the East Property Line
of Lot 308 of Glendale Add. No. 3,
BE IT THEREFORE RESOLVED
that the City Council on its own
motion deems it advisable a n d
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
~;
I.
Special Session, March 30, 1959 181
City Clerk objections to the P
amount of the proposed assess- c
ments, they shall be deemed to i
have waived all objections thereto, f
Said improvements shall be con•
strutted and done in accordance
with the plans and specifications t
which have been prepared there-
fore by the City Enginee he C t
have been approved by Y
Council and are now on file with
the City Clerk, That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon ar is adjacent thereto
according to area and in propor-
tion to the special benefits con-
ferred thereby, and any deficiency
shall be paid out of the Street
improvement funds. Bonds shall
be issued and sold in anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion
of any street or assessment district
shall be assessed to and paid by
the railway company
The above resolution was intro-
doted, approved and ordered
placed on file, with the City Clerk
this 90th day of March, 1959.
Approved and placed on file
for final action.
Approved ZINGER
CHARLES A. KINT
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the ap•
proval of the resolution. Seconded
by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun
cilmen Freund, Schueller, Takos
Welu.
Nays-None.
(fixing date of hearing}
RESOLUTION N0.7454
WHEREAS, the City Council o
the City of Dubuque, Iowa, has b
Resolution No. 7259 given its pr
liminary approval on the proposed
tans specifications and form of
ontract and placed same on Elie
n the office of the City clerk
or public inspection, for the im-
provement of Marquette Place with
Bituminous Concrete Paving from
he end of existing concre IJne of
at the South Property
Lot 2 of 2 of 3 of Audubon Add.
to the East Property Line of Lot
308 of Glendale Add. No. 3 and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now an file in the City
Clerk's office for public inspec-
tion.
BE IT THEREFORE RESOLVED
that on the 4th day of May 1959,
a public hearing will be held at
7:30 o'clock P. M. in the Council
Chamber in the City of Dubuque
erty subject tot assessment for the
proposed improvement may appear
and make objection to the pro
posed plans and specifications and
proposed form of contract and at
the same time to the boandaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any loto~ad to~thu~as saof
of the prop
Necessity and the City Clerk be
and be is hereby directed dace of
a notice of the time and p
such hearing to be published in
some newspaper published in the
city of Dubuque, the last of which
shall be not less than two (2) nor
more than four (4) weeks prior
to the day fixed for its considera-
tion and unless property owners
at the time of final consideration
of said resolution have on file
with the Clerk objections to the
amount of the proposed assess-
ment, they shall have been deemed
to have waived all objections
thereto, at which hearing the
Council will hear such objections
and enter on record its final de-
cision thereon
Passed, adopted and approved
- this 30th day of March, 1959.
, CHARLES A. RINTZINGER
Mayor
GFARGE A. FREUND
LEO N. SCHUELLER
~gENCE P. WELD
f PETER J. TAROS
y Councilmen
e• Attest: LEO F. FROMMELT
City Clerk
~~~~~~~~~ nunn.uimiuunu
182 Special Session, March 30, 1959
Councilman Schueller moved the
adoption of the resolution. Sec•
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
RESOLUTION N0. 15.59
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having com-
plied with the provisions of law
relating to the sale of cigarettes
within the City of Dubuque, be
granted a permit to sell cigarettes
and cigarette papers within said
City.
Herman A. Buttikofer, 399 East
20th St.
Nona A. Cody, 253 West 1st
St.
Alice H. Erschen, 2620 Univer-
sity Ave.
Andrew D, Karigan, 2199 Uni-
versity Ave.
Chris K. Koleas, 605 Main St.
BE IT FURTHER RESOLVID
that the bonds filed with the
applications be approved.
Passed, adopted and approved
this 30th day of March, 1959.
GEORGE A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P, WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Takos moved the
adoption of the resolution. Sec-
onded by Councilman Freund. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 76.59
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined:
NOW, THEREFORE,
BE 1T RESOLVED by the City
Council of the City of Dubuque
that the following applications be
granted and licenses be issued
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Donald P. Birkett, 1064 Univer•
sity Ave.
Robert A, Brillhart, 336 Main
St.
Louis T. Bournias, 760 East 16th
St.
Nona G. Cody, 253 West 1st St.
Florance Deutsch, 1298 Main St.
Alma Henkel, 241 Main St.
Laverne Jorgenson, 649 East
16th St.
Raymond B. McLaughlin, 2222
Central Ave,
Albert Metcalf, 400 C e n t r a l
Ave.
Ione Miller, 1322 Central Ave.
Clifford Steffen, 1103 Iowa St.
Clarence Welke, 2093 Washing-
ton St.
Sylvester A. Weiner, 201 East
22nd St.
Louis J. Wright, 2800 Jackson
St.
Alice H. Erschen, 2620 Univer-
sity Ave.
Robert J. Fury, 475 Central Ave.
Herman A. Buttikofer, 399 East
20th St.
CLASS "C" PERMIT
Anthony L, Fecker, 2119 Rhom-
berg Ave.
Clarence J. Kipper, 1585 Delhi
St.
William J. White, 1993 Asbury
St.
Tenenbom's Super Market, Inc.,
200 South Locust St.
BE IT FURTHER RESOLVID
that the bonds filed by such
applicants be and the same are
hereby approved.
Passed, adopted and approved
this 30th day of March, 1959.
CHARLES A. KIIQTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAK05
Coundlmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved
the adoption of the resolution.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor I{intzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 71.59
WHEREAS, heretofore applica-
tions for Beer Permits were filed
Special Session, March 30,1959 183
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
`~ and they have filed proper bonds:
NOW, THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is
directed to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Donald P. Birkett, 1064 Univer-
sity Ave.
Robert A. Brillhart, 338 Main
St.
Louis T. Bournias, 780 East 18th
St.
Nona G. Cody, 253 West 1st
St.
Florance Deutsch, 1298 Main St.
Alma Henkel, 241 Main St.
~ Laverne Jorgenson, 849 East
I 18th St.
Raymond B. McLaughlin, 2222
Central Ave.
Albert Metcalf, 400 Central Ave.
~ ~ Ione Miller, 1322 Central Ave.
µ~ ; Clifford Steffen, 1103 Iowa St.
Clarence Welke, 2093 Washing-
tan St.
. Sylvester A. Weiner, 201 East
22nd St.
Louis J. Wright, 2800 Jackson
St.
j Alice H. Erschen, 2820 Univer•
I sity Ave.
Robert J. Fury, 475 Central
Ave.
Herman A. Buttikofer, 399 East
,~w °Ath St.
CLASS °C" PERMIT
' Anthony L. Fecker, 2119 Rhom-
berg Ave.
Clarence J. Kipper, 1585 Delhi
St.
'~ William J. White, 1993 Asbury
~ St.
~ Tenenbom's Super Market, Inc.,
200 South Locust St.
Passed, adopted and approved
'• ' this 30th day of March, 1959.
CHARLES A. KDQTZINGER
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARINCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved
the adoption of the resolution.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Ben F. Erschen, holder of beer
license No. 107, was convicted of
selling beer to a Honor on March
27, 1959.
I recommend That the license
of Ben F. Erschen be revoked
and the Police Chief be directed
to pick up the license of Mr.
Erschen.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Councilman Welu moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kiatzinger, Coua-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0.78.59
WHEREAS, this Council on the
3rd day of November, 1958,
caused to be issued a Class "B"
Beer Permit bearing the Number
107, to Ben F. Erschen of Dd~
buque, Iowa operating at 2620
University Avenue in the City of
Dubuque;
WHEREAS, it has come to the
attention of this Council that the
owner of said permit has been
found guilty of violating the Beer
Ordinance of the City of Dubuque
passed pursuant to Chapter 124
of the Code of Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque that Class
"B" Beer Permit No. 107 hereto•
fore issued to Ben F. Erschen of
Dubuque, Iowa, be and the same
is hereby revoked and the Chief
of Police is directed to take up
such permit forthwith and return
the same for cancellation.
1$4 Special Session, March 30,1959
Passed, adapted and approved
this 30th day of March, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHITl;LLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO 1". FROMDdELT
City Clerk
Councilman Welu moved t h e
adoption of the resolution. Sea
onded by Councilman Freund.
Carried by the following vote:
Yeas---Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman gVela moved that
Mr. Arnold Caitham be appointed
to the Dock Commission to No•
umber 28, 1961, to fill the posi-
tion vacated by A. Y. McDonald
Jr. and that a letter of commen-
dation be sent to A. Y. McDonald
Jr. for the excellent job per-
formed while a member of the
Dock Commission.
There being no further busi•
ness Councilman Freund moved
to adjourn. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays--None.
LFA F. FROMMELT
City Clerk.
Approved .......................... 1859.
Adopted ............................ 1959.
(iOatMllm@n ....................... .........
Attest ................................................
City Clerk
~~
7
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Regular Session, April 6, 1959 185
CITY COUNCIL
(OFFICIAL)
Regular Session, April 6, 1959.
Council met at 7:30 P. M.
Present -Mayor Kintzinger,
Councilmen Freund, Schueller, Ta-
kos, Welu. City Manager Schiltz.
Mayor Kintzinger read the call
and stated that this is the regular
monthly meeting of the City Coun-
cil for the purpose of acting upon
such business as may properly
come before the meeting.
April 6, 1959
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 approval on
same for filing, subject to the ap-
proval of the City Solicitor:
SIDEWALK
Richard Anthony, United States
Fidelity & Guaranty Company
Cyril Hanten, Bond No. 630908.59,
Western Surety Company
Respectfully submitted,
L. J. SCHII.TZ
City Manager
Councilman Takos moved that
the policies be filed subject to the
approval of the City Solicitor. Sec-
onded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
April 6, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
I am submitting for your ap-
proval an amendment to Ordi-
nance 21.55 which prohibits the
discharge of air conditioning wa-
ter into the sanitary sewer sys-
tem when the rate of discharge
exceeds 5 gallons per minute. It
also provides that the water may
not be discharged on a public
street, alley, walkway or public
property.
The discharge of air condition-
ing water into a storm sewer is
authorized and the water from
the public water supply so used
can be metered to determine the
amount deductable for determin-
ing sewer service charges.
This proposed ordinance will re-
lieve the sanitary sewage systems
of this waste water, help conserve
the water supply and eliminate
the discharge of air conditioning
water in the streets.
I recommend the adoption of
this ordinance.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu:
Nays-None.
ORDINANCE N0. 16.59
An Ordinance Amending the
Plumbing Ordinance No. 21.55 by
Adding Section 33B prohibiting
the discharge of air conditioning
water, drip pans, refrigeration wa-
ter or cooling tower water into
the Public Sanitary Sewer System
and its contributories, presented
and read.
Councilman Takos moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Takos moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days, Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE NO. 16.59
An Ordinance Amending t h e
Plumbing Ordinance No. 21.55 by
Adding Section 38B prohibiting the
discharge of air conditioning wa-
ter, drip pane, refrigeration water
or cooling tower water into the
Public Sanitary Sewer System and
ita contributories.
WHEREAS, the operation of wa-
ter cooled reirigeratora, air condi-
tioners, and other types of water
cooling equipment hoe rapidly in-
creased and now involvee the use
of water in quantities never be-
fore anticipated, thereby placing