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1959 May Council Proceedings,ti, Regular Session, May 4, 1959 209 . CITY COUNCIL (OFFICIAL) r ~~ ~`, 1 i 1 t f ,„ K a ~~ ~. i w Regular Session, May 4, 1959. Council met at 7:30 P.M. Present -Mayor Kintzinger, Councilmen Freund, Schueller, Takos, 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. 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 im- provement of Marquette Place with Bituminous Concrete Paving from existing concrete paving at the south property line of Lot 2 of 2 of 3 of Audubon Addn. to the east property line of Lot 308 of Glen- dale Addn. No. 3, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time. of the public hearing. Councilman Freund moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the.following vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION N0. 9659 Whereas, proposed plans and specifications and form of contract for the improvement of Marquette Place with Bituminous Concrete Paving from existing concrete pav- ing 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 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap• ter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed far the hearing of all objections to said plans, specifications ar con- tract for or cost of such improve- ments, said time being this 4th day of May, 1959; and Whereas, the City Council met in regular session this 4th day of May, 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 or cost of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be beard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun- cil of Dubuque, that all objections which have been made and filed to the pions, specifications, contract for or cost of said improvement herein described and proposed to be made be and the same hereby overruled 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 cf this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a mat- ter of permanent record in con- nection with said improvement. Passed, adopted and approved this 4th day of May, 1959. CHARLES A. KINTZIIQGER, 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 210 llegular Session, May 4, 1959 (Necessity for Improvement) RESOLUTION N0. 73.59 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 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 valua• tion fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each dif- ferent type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improvement of Mar• quette Place with Bitumi• nous 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. Na. 3. 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 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 conferred thereby, and any deficiency shall be paid out of the street improve- ment funds. Bonds shall be is- sued and sold in anticipation of deferred 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 30th 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 4th day of May 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 final adoption of the resolution. Seconded by Counfilman Schuel- ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 97.59 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 7259 which was duly passed by this Council, for the improvement of Marquette Place with Bitumin- ous 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 Glen- dale Add. No. 3 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 +. t 1 s i l~ Regular Session, May 4, 1959 211 with the plans and specifications heretofore. adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent 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 realized from the sale of bonds to be is- sued in anticipation of deferred payments cf assessments as pro- vided by law after the woik has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore seven calendar days after no- tice to proceed is issued. BE 1T 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. i ~' 1 '~ ,. ~' ~k, Passed, adopted and approved this 4th day of May, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.5CHUELLER 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. (Awarding Contract) RESOLUTION N0. 98.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1959 Bituminous Concrete Paving Proj- ect No. 1, Section HI, Improvement of Marquette Place with Bitumi- nous Concrete Paving from exist- ing concrete paving at the South Property Line of Lot 2 of 2 of 3 of Audubon Add. to the East Prop- erty Line of Lot 308 oi' Glendale Add. No. 3 pursuant to Resolution No. 60.59 and notice to bidders published in a newspaper pub- lished in said City on Apri13, 1959 and April 10, 1959; and WHEREAS, said sealed propos- als were opened and read on April 20th, 1959, and it has been determined that the bid of Schuel• ler Blacktop Co. of Dubuque, Iowa in the amount of $1,48828 was the lowest bid for the furnishing of all labor and materials and perfornr• ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller Blacktop Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess• ful bidders. Passed and adopted this 4th day of May, 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: 212 Regular Session, May 4, 1959 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 necessity for public improvements and hear- ing upon proposed plans and spec- ifications, form of contract and cost of improvements for construc- tion of the Southern Avenue Sani- tary Sewer Bid Section No, 1 and Bid Section No. 2; BH) SECTION N0. 1-for construction of an 8" sanitary sewer in Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of M. L. 5 and Lot No. 4 of M. L. 6 thence northerly in Southern Avenue to Lot No. 7 of M. L, 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 property line of Lot No. 1 of Jacob- son Heights: BH) SECTION N0. 2 for the construction of an eight inch sanitary sewer in and along Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of M. L. 5 and Lot No. 4 of M, L. 6 thence southerly in South- ern Avenue to a junction with the Catfish Creek Sanitary sewer Line opposite Lot No. 1 of the Rockdale Addition, at an estimated cost of $27,823,38, 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. Communication of J. Allen Jr. and Marijane S. Wallis requesting a correction of the proposed as- sessment of Lot 2 of the Sub of Lot 1 of 1 of 2 of 1 of Faldorf Place far the construction of an 8" sanitary sewer in Southern Avenue for the reason that said proposed assess- ment is in an amount in excess of special benefits conferred and is in excess of 25% of the actual value, presented and read. Councilman Freund moved that the petition be received and held for consideration at the time of the final levy. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Stella Roedell, by her attorneys, objecting to the proposed assessment against Lot 4 of M. L. 6 in the City of Dubuque, for the construction of an 8" sanitary sewer in Southern Avenue because the cost is out of proportion to the benefits conferred, that assessment exceeds 25% of the actual value, property is undeveloped and pro• duces no income presented and read. Councilman Freund moved that the petition be received and held for consideration at the time of the final levy. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Anna Koppes et al, by her attorneys, objecting to the proposed assessment against Min• eral Lot 5A, and Lot 1 of 1 of Mineral Lot 5, for the construction of an 8" sanitary sewer in South• ern Avenue, for the reason that the assessment is grossly out of proportion to the benefit confer- red, that the assessment will ex- ceed 25% of the actual value of the property, that the property is un• developed and has no income, pre• sented and read. Councilman Freund moved that the petition be received and held for consideration at the time of the final levy, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Schueller moved that the rules be suspended in or- Qer to let anyone present address the Council if they so desire. Sec- r~ A c Regular Session, May 4, 1959 213 onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. Attorney Fuerste addressed the Council in behalf of the Koppes Estate and Mrs. Roedell and stated that the property does not have an income and that no income was in sight in the forseeable future and requested that the Council view the grounds, DECISION OF COUNCIL UPON OBJECTIONS TO PLANS, SPECIFI- CATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS. RESOLUTION N0. 99.59 WHEREAS, proposed plans and specifications and form of contract for the Southern Avenue Sanitary Sewer Bid Section No. 1-Bid Sec- tion 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 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. 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. i 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- posite Lot No. 1 of the Rockdale Addition. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of -the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed far the hearing of all object- ions to said plans, specifications or contract for or cost of such im- provements, said time being this 4th day of May, 1959; and WHEREAS, the City Council met in regular session this 4th day of May, 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 or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested part- ies have been given an opportun• ity to be heard and all objections which have been duly weighed and considered; aow, 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, spec- ifications, 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 IT FURTHER RESOLVID 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 rec• ord in connection with said im• provement. Passed, adopted and approved this 4th day of May, 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 Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. 214 Regular Session, May 4, 1959 (Necessity for Improvement} RESOLUTION N0. b8.59 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 size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each dif- ferent type of construction and kind of material to be used. 4. In each case the amount thereof which is estimated to be assessed against each lot, for the Southern Avenue San- itary Sewer Bid Section No, 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 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 property line of Lot No. 1 of Ja- cobson Heights. Bid Section No. Z 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 Ave- nue to a junction with the Catfish Creek Sanitary sewer lire opposite Lot No. 1 of the Rockdale Addi- tion. 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• strutted 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~ went 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 sewer 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 asses- sed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 30th day of March, 1959, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 4th day of May 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARINCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the final adoption of file resolutioq. Regular Session, May 4, 1959 215 Seconded by Councilman Schuel• ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ~; ~~' ~i ~~ r `', ( ~. ~, ~, (ORDERING CONSTRUCTION) RESOLUTION N0. 100.59 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity Na. 68-59 which was duly passed by this Council, for the Southern Avenue Sanitary Sewer Bid Section No. 1 Bid Section No. 1 For the construction of an eight inch (8") sanitary sewer in South- ern Avenue from the City Corpor- ~ ation 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 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 Lat No. 5 of Jacobson Heights thence north- erly through Lots No. 1, 2, 3, 4 and 5 of Jacobson Heights to the North Property Line of Lot No. 1 of Jacobson Heights. be and the same are hereby ord- ered and constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned prop- erty 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 bene- fits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of sewer bands to be issued in antici• potion of deferred payments of assessments as provided by law after the work has been com- pleted and accepted by the City Council. BE 1T FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise 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 30 calendar days after 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 adop- tion by the City Council. Passed, adopted and approved this 4th day May, 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (ORDERING CONSTRUCTION) RESOLUTION N0. 101.59 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 68-59 which was duly passed by this Council, for the Southern Avenue Sanitary Sewer Bid Section No. 2 Bid Section No. 2 For the Construction of an eight inch (8") sanitary sewer in and along Southern Avenue from the City Corporation Limit abut- ting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lat 6 thence southerly in Southern Avenue to a junction with the Catfish Creek Sanitary Sewer Line opposite Lat No. 1 of the Rockdale Addition. be and the same are hereby ordered and constructed by this Council upon its own motion. All 216 Regular Session, May 4, 1959 the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned prop• erty 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 bene• fits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of sewer bonds to be issued in antici- pation of deferred payments of assessments as provided by law after the work has been com- pleted and accepted by the ,City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 calen- dar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day May, 1959. CHARLES A. KINTZIlVGER 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. May 1, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the exten- sion of Grandview Avenue Bauer Street just east of Kaufmann Avenue is no longer of Public Value. The Planning & Zoning Commission therefore recommends vacation of same. Respectfully submitted, Dubuque Planning & Zoning Commission Owen Riley Secretary Councilman Freund moved that the recommendation of the Plan- ning & Zoning Comrission be ap- proved and that proper proceed- ings be prepared. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 1, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; I have negotiated an Agreement with Otto Spechtenhauser for the purchase of several parcels of property for Grandview Avenue Extension near Kaufmann Avenue and also a parcel of property for Bunker Hill Golf Course. The Agreement includes all property acquisition and damages for the construction of the street. I recommend that the Council approve the attached Agreement so that the purchase options can be accepted by the City. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded 6y Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. i ~` Regular Session, May 4, 1959 217 RESOLUTION N0. 102.59 WHEREAS, the City of Du- buque, through its City Manager, has entered into an Agreement with Otto and Pearl J. Spechten- hauser for the purchase of right of way for Grandview Avenue and said property is necessary for the construction of this street. BE IT RESOLVED that the City Council of the City of Dubuque, Iowa hereby approve said Agree- ment under the terms and condi- tions agreed upon. Passed, adopted and approved this 4th day of May, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund 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. May 4, 1959 To the Honorable Mayor and City Council I Dubuque, Iowa Gentlemen; I am attaching a copy of an Agreement entered into between ~ the City of Dubuque and Dale and Helen Wiegand for the purchase of right of way for Grandview Avenue north of Kaufmann Aven- ue. Because of the topography of the ground, the abutting property will be of little value and therefore, the street construction will not increase the value of the property. The Agreement states that there ~` will be no assessment against this n -'' property and that if the owners use said street or improvements, they shall be obligated to pay the balance due on such improvements computed on a ten year life basis. ` a I recommend that the Agree- ment be approved. Respectfully submitted, V L. J. SCHII.TZ, City Manager Mayor Kintzinger moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. RESOLUTION N0. 103.59 WHEREAS, the City of Dubuque, through its City Manager, has en- tered into an Agreement with Dale Wiegand and Hilda Wiegand for the purchase of right of way for Grandview Avenue north of Kauf- mane Avenue and said right of way is necessary to construct said street. BE IT RESOLVED that the City Council of the City of Dubuque, Iowa, hereby approve said Agree- ment conveying Lot 2 of Lot 1 of Lot 1 of Mineral Lot 337 to the City of Dubuque under the terms and conditions agreed upon. Passed, adopted and approved this 4th day of May 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 10459 Whereas, in order to set out the land to be included in the proposed Grandview Avenue Extension, the owners of the affected property have prepared and executed the following described plats, to•wit: A plat subdividing Lot 1 of Lot 2 of Willy Place in the City of Dubuque, Iowa into two lots to be known as Lot 1 of Lot 1 of Lot 2 of Willy Place, and Lot 2 of Lot 1 of Lot 2 of Willy Place, which plat is dated April 8, 1959; A plat subdividing Lot 2 of Lot 1 of Lot 2 of Willy Place into 218 Regular Session, May 4, 1959 Lot 1 and Lot 2 thereof, which plat is dated April 8, 1959; A plat subdividing Lot 1 of Lot 31 of Burton's Addition into Lot 1 and Lot 2 thereof, which plat is dated April 17, 1959; and A plat subdividing Lot 2 of Lot 1 of Lot 31 of Burton's Addition into Lot 1 and Lot 2 thereof, which plat is dated April 17, 1959; and Whereas said plats are for the purpose of showing the property to be conveyed to the City for the purpose of extending Grandview Avenue, and not for the purpose of subdividing said property into building lots; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CPfY OF DUBUQUE, that the provisions of Ordinance No. 65.57 known as the Subdivision Regulations of the City of Du- buque, be and the same are hereby waived insofar as the same affect the foregoing plats. Passed, adopted and approved this 4th day of May, A. D. 1959, CHARLES A. KINTZIlVGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKO5 Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freund 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. May 4, 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: HEATING Robert Felts, d/b/a Electric Re- frigeration Company, Peerless In- surance Company. SIDEWALK Carl Hirsch, Band No. 692453.58, Western Surety Company. Donald J. Anthony, Bond Na. 28214-13-1194-54, U.S. Fidelity and Guaranty Co. Wm. H. Frankfurt, American Surety Co. of N.Y. TELEVISION CABLE Jerrold Electronics Corporation, Policy No. XP 302470, The Fidelity and Casualty Co. of N.Y. EXCAVATION Thomas Flynn Coal Company, Flynn Oil Company and Thomas L. Flynn and Thomas M. Flynn d/b/a Flynn Ready Mix Concrete Company and as Flynn Ready Mix and Coal Company, Policy No, A 415160, Standard Accident Ins. Co. Merlin Goerdt, Policy No. CLP 112-40108, American Surety Co. of N.Y. (The above policy re- places Policy No. SMC 112-41544). Respectfully submitted, L. J, SCHILTZ City Manager Councilman Takos 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, ~Velu. Nays-None. Apri127, 1959 Ionorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; I have investigated the claim of Mrs. Josephine Reittinger, 1752 North Main Street, for injuries sustained in a fall in the cross- walk at 17th and Central Avenue on April 3, 1959 and find that the injuries were sustained and the defect existed as claimed. I have discussed the claim with Mrs. Reittinger and she has agreed to accept the sum of One Hundred Sixty-eight Dollars in full settlement, I recommend that this settle- ment be approved and the Auditor instructed to issue a warrant in the sum of $168,00, payable to ,r. ~~ ~; la: ~;' Regular Session, May 4, 1959 219 Josephine Reittinger 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. April 27, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Mrs. Marguerite Czipar for damages to her vehicle claimed to have been sustained in Rising Avenue on February 28, 1959, and can find no negligence on the part of the City and recommend that the same be denied. Respectfully submitted, T. H. Nelson Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Ccuncilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Apri123, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of .Earl Shively, 84 Locust street, for injuries sustained in a fall on a sidewalk at 53 Locust Street, and can find no negligence on the part of the City and recom- mend that the claim be denied. 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 Mrs, Rosella Whitfield, in the amount of $406. for personal injuries received in a fall on an ice covered sidewalk at 2425 Asbury Street on Febru- ary 23, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Mrs, Robert Meyer, in the amount of $28.50, for damage to her vehicle as the result of striking a boulder in the street at an excavation site in the 1300 block on Dodge on April 24, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Derald Helt• man of 817 Wilson Avenue in the amount of $82.67, for damage to his car as the result of being struck by a snowplow while parked on Wilson Avenue on March 15, 1959, presented a n d read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Hartig Drug Company signifying their interest in the purchase of a piece of City owned property on the northwest corner of Grandview Extension and Delhi street, presented and read. Councilman Freund moved that the Council view the grounds. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 220 Regular Session, May 4, 1959 Iowa State Department of Health April 23, 1959 Mr. Leo F. Frommelt, City Clerk, Dubuque, Iowa. Permit No. 59-56.5 3213.7' of 8" S.P. Green Acres Subdivision Attention Han. Mayor and Council Gentlemen; In accordance with the pro- visions of Section 135,26 of the Iowa Stream and Lake Pollution Law, this permit is issued for the project cited above for which plans have been received in this office. This permit is issued sub- ject to the following conditions and requirement. 1. Sewer lines and manholes will be constructed in accordance with your standard specifications on file in this office. The issuance of this permit in no way relieves the responsibility for complying with all local, state, and federal laws, ordi- nances, regulations, or other re- quirements appjying to this project. We are retaining one copy of the approved plans for our files and returning the other two copies to the designing engineer. Inasmuch as this letter consti- tutes an official permit, it should be retained in your files. For the Commissioner. Very truly yours, P. J. Houser, Director Division of Public Health Engineering. Councilman Welu 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. Iowa State Department of Health April 23, 1959 Mr. Leo F, Frommelt, City Clerk, Dubuque, Iowa. Permit No. 59-55.5 1964' of 8" S. P. 772.4' of 12" S. P. Clover Hills Subdivision Attention Hon. Mayor and Council Gentlemen: In accordance with the pro- visions of Section 135.26 of the Iowa Stream and Lake Pollution Law, this permit is issued for the project cited above for which plans have been received in this office. This permit is issued sub• ject to the following conditions and requirements: 1. Sewer lines and manholes will be constructed in accordance with your standard specifications on file in this office. 2. Manhole No, 6 in Crissy Drive will either be constructed as a drop-type manhole or the in• vert elevation of the proposed sewer extension discharging into this manhole from the south will be lowered so that the distance above the manhole invert is less than 24". The issuance of this permit in no way relieves the responsibility for complying with all local, state, and federal laws, ordinances, regulations, or other requirements applying to this project. We are retaining one copy of the approved plans for our files and returning the other two copies to the designing engineer. Inasmuch as this letter consti• tutes an official permit, it should be retained in your files. For the Commissioner. Very truly yours, P. J. Hauser, Director Division of Public Health Engineering. Councilman Welu moved that the communication be received and made a matter of record. Sec- onded by Councilman Takos, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communications of Badger Bi• tuminous Inc. submitting sub•con• tract agreements with Mulgrew Blacktop Inc. and Light Construc- tion Co. in the construction of City of Dubuque 1959 Hot Mix• HotLaid asphaltic Concrete pav- ing project No. 1 and requesting approval of same, presented and read. Councilman Freund moved that the request be approved. Seconded by Councilman Schueller. Carried by the following vote: ~ ;;;' ~;{ ~k ~' I; Regular Session, May 4, 1959 221 Yeas--Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 1, 1959 Honorable Mayor and City Council, City of Dubuque. Our budget for 1959 includes dredging and other items in con• nection with the development of Area "A" of Dubuque Industrial Park. That part of the budget was discussed in a joint meeting. be- tween yourselves and the Dock Commission, at which time costs were based on an engineering esti• mate. Inadvertently this engineering estimate failed to. include several items of importance, which, if not added to our budget at this time will reduce the size of the project as originally intended. These items, are: 1. Engineering on Con• tract Documents ....,.$ 9,487.00 2. Supervision and Resi• dent Engineering .... 7,200.00 3. Additional re- serve for subsidence 6,400.00 4. Miscellaneous ...,..,..... 3,000.00 $26,087.00 On the basis of this need, and in the interest of the completion of this area "A" work to the eg• tent originally described, we ask permission to revise the budget to include the above, and that the St. Regis payment of $28,000.00 be turned over to us for implemen• tation. Respectfully yours, BOARD OF DOCK COM• MISSIONERS Fred L. Wagner, President. Fred Neyens, Secretary. Arnold A. Caitham, Com• missioner. Mayor Kintzinger moved that we go along with the recommen• dation of the Dock Commission. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Welu. Councilman Takos not voting. Councilman Freund moved that in the future all engineering fees, supervisory, planning and other- wise be included as part of a project in its initial presentation. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Sears Roebuck & Co. submitting a proposal of pur• chase and a set of proposed con• struction plans, for the purchase of Rafferty Park property bounded by Locust street, Harrison street, and property of Eagle Market (fol- lowing portions of Industrial Sub. Lot No. 1; South 161 feet of Lots 1 and 3 in Block D: Lots 1, 2, 3 and 4 in Block E: Lots 1, 2, 3 and 4 in Block F) offering to construct a retail department store contain- ing selling area, stock, warehouse and office space, an automobile parking lot with a capacity of more than 500 cars, with appropriate lighting, drainage and landscaping, presented and read. Mr. Marshall Thomas addressed the Council in behalf of the Sears Roebuck Company, stating that the proposal did not mention a price because his client feels that the City should first determine what it would want for the land. He further stated that it was not their intention to jeopardize the recrea• tional facilities of the City but thought that the property could be used up until the time of construc- tion of the contemplated building. Councilman Freund moved that the proposal of Sears Roebuck do Co, be referred to the Recreation Commission and City Council for joint study. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs. Carl Loewen of 982 Riker street, requesting that the City Engineer check into one possibility as to the installation of a sewer in Florence street, be• tween Villa and Mountain Lane, presented and read. Councilman Freund moved that the petition be referred to the City Manager and Engineering Departmep~ SOr ln• 222 Regular Session, May 4, 1959 vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Melvin Boelk et al requesting the installation of a stop sign at 18th and Washington street, presented and read. Council- man Freund moved that the petiti- tion be referred to the City Man• ager and traffic department for in• vestigation and report, Seconded by Councilman Schuel• ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of James Becker et al objecting to the rezoning of the area in and around Kane street, Kaufmann Avenue, and Spring• green Court to anything other than family residential zoning classifica- tion, presented and read. Council• man Welu moved that the petition be referred to the Planning & Zon• ing Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Conlon Construction Co. requesting permission to exca- vate in the streets and alleys of the City, presented and read. Coun- cilman Welu moved that the peti• lion be granted. Seconded by Coun- cilman Takos. Carried by the fol- lowing .vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Dubuque Golf & Country Club requesting permis• sion to have a fireworks display on the evening of July 4, 1959, pre- sented and read. Councilman Schueller moved that the request be granted if held with proper supervision. Seconded by Council• man Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of James A. Weiland of 2097 Morningview Road objecting to the proposed installation of sidewalks on Valleyview Road, pre- sented and read. Councilman Freund moved that the petition be referred to the date of public hear- ing on sidewalks. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Carleton P, Sias of 2097 Broadlawn objecting to the proposed installation of sidewalks on Valleyview Road, presented and read. Councilman Freund moved that the petition be referred to the date of public hearing on side- walks. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of John H. Penly of 2118 Morningview Road objecting to the proposed installation of sidewalks on Valleyview Road, presented and read. Councilman Freund moved that the petition be referred to the date of public hearing on side- walks. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of R, L. Hasselquist ob- jecting to the proposed installa• lion of sidewalks on Valleyview Road, presented and read. Coun• cilman Freund tr«oved that the petition be referred to the date of public hearing on sidewalks. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of St. Rose Priory re- questing delay of construction of the proposed sidewalk in front of the Priory along Asbury street, presented and read. Councilman Freund moved that the petitioq r_ ~?y P a ~` y I i ~, r j, r ~' h i+ Regular Session, May 4, 1959 223 be referred to the date of public hearing on sidewalks. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Petition of John J. Palm et al objecting to the proposed construc- tion of sidewalks in Dirksen's addi- tion, presented and read. Council- man Freund moved that the peti- tion be referred to the date of public hearing on sidewalks. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs. Marian Stoltz objecting to the proposed installa- tion of sidewalks on Valleyview Road, presented and read. Council- man Freund moved that the peti- tion be referred to the date of pub- lic hearing on sidewalks. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Neil Lutes requesting that Keppler street, extending from Clarke Drive to Globe street be declared vacant in order that he may negotiate for the purchase of lots contained in said street, pre• sented and read. Councilman Freund moved that the petition be referred to the Planning & Zoning Commission and also to the City Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 1, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Plans and specifications for the East 14th Street Viaduct and ap• proaches have been submitted by Howard, Needles, Tammen and Bergendoff in accordance with the agreement approved by the City Council. These plans have been reviewed by the Engineer Department and the design has been approved by the State Highway Commission as acceptable for a Primary Road Structure, Also the railroads have been consulted with regarding the design standards for proper clearances. I recommend that the Council approve these plans and specifica- tions and pass the resolution ap- proving the planning documents submitted by Howard, Needles, Tammen and Bergendoff to be submitted to the Housing and Home Finance Agency for the planning advance. Respectfully submitted, L. J. SCHILTZ City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 105.59 WHEREAS, the City of Dubuque, Iowa, accepted an offer from the United States Government for an advance for preparation of plan- ning documents pertaining to a public work described as the Con- struction of a four lane overpass with sidewalks and approaches at East 14th Street and Pine Street and construct East 14th street from Cedar Street to Kerper Boulevard; and WHEREAS, Howard, Needles, Tammen &Bergendoff was engaged to prepare the planning documents far the aforesaid public work, and said engineer has completed the documents and submitted them for approval; and WHEREAS, the completed docu- ments have been carefully studied and are considered to comprise adequate planning of the public work essential to the community and within the financial ability of the City of Dubuque, Iowa to con- struct; NOW, THEREFORE, Be It Resol- ved by the City Council of the City of Dubuque, Iowa, the governing 224 Regular Session, May 4, 1959 body of said applicant, that the planning documents submitted by Howard, Needles, Tammen & Berg• endoff as the basis for construction of the overpass and approaches dated May 1, 1959, in connection with Housing and Home Finance Agency Project No. Iowa 13-P-3019 be and the same is hereby approv- ed; and that certified copies of this Resolution be filed with the Hous- ing & Home Finance Agency. Passed, adopted and approved this 4th day of May 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• rigid by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. CERTIFICATE OF CITY CLERK. I, the undersigned, the duly qualified and acting City Clerk of the City of Dubuque, Iowa (herein called the "applicant") and the keeper of the records of the ap- plicant, including the Journal of Proceedings of the City Council (herein called the "governing body") do hereby certify: 1. That the attached resolution is a true and correct copy of the resolution as finally adopted at a meeting of the governing body on the 4th day of May, 1959 and duly re- corded in my office. 2. That said meeting was duly convened and held in all re- spects in accordance with law and to the extent required by law due and proper notice such meeting was given; that a legal quorum was present throughout the meeting, and a legally sufficient number of members of the governing body voted in the proper man- ner and for the adoption of said resolution; that all other requirements and proceedings under the law incident to the proper adoption or passage of said resolution, including pub- lication, if required, have been duly fulfilled, carried out and other wise observed; and that I am authorized to exe- cute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of May, 1959. LEO F. FROMMELT City Clerk (City Seal) April 30, 1959. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Under the civil classification with the Fire Department the posi- tion of Engineer is filled by five men who have been appointed af- ter taking the proper examinations. There could only be five men ap- pointed to this classification as we have only five. engines in our de- partment. This classification dates back to the time of the steam engines and as far as a civil service classifica- tion, this position is not adaptable to the modern fire departments. There, have been times in the past where those passing the civil serv- ice examination have not been able to properly perform the duties of this job as is now required. We have sixteen men perform• ing the same duties as an engineer and all receive the same pay and are classified as fire equipment op- erators in the city pay plan. If the. classification of engineer is to re• main, the eleven drivers not classi- fied as engineers will in my opin- ion have to be reduced in pay to First Class Firemen. It is the feeling of the Fire Chief, and I also concur, that the position of engineer be eliminated from the civil service classification as well as the job of fire equipment oper- ator from the pay plan. The. men classified as engineers and those as fire equipment opera- tors would be reduced to first class fireman, Those firemen selected to perform the additional work in op- erating and maintaining fire, equip- ment would be paid additional pay while performing these duties. Regular Session, May 4, 1959 225 When any fireman could not per- form these extra duties, he would be replaced and his pay would be that of a first class fireman. There would be no change in the duties performed by those men now acting as fire equipment op- erators and engineers and they would not have a reduction in ' pay, except when they could not properly perform the extra duties assigned them in the operation and maintenance of fire equipment. I recommend that the City Coun- cil approve the resolution eliminat- ing the classification of engineer and fire equipment operator. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Schueller move d that the communication be referred to the first meeting in June. Sec- . onded by Councilman Takos. Car- ried by the following vote: Yeas -Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, t Welu, Nays-None, Communication of Dubuque Fire Fighters Association requesting a thirty-day deferment of action on the proposal to dispose of the Fire Department Engineer classification to give them an opportunity to dis- cuss the situation at a regular meeting of their local presented and read. Councilman Schueller moved that the request be granted and be re- ferred to the first meeting in June. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Fire Chief Hickson addressed the Council at the request of the. City Manager to explain the Engineer situation in the Fire Department at the present time, It was indicated that a change has been considered for quite some time. Y. i+ ';, April 17, 1959. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen, Herewith submitted for your ap- proval is subdivision plat of Block 2 and Block 3 in Rolling Ridge Sub. No. 2. This subdivision is located on Hlinois Street, owned by the Hillcrest Inv. Co. This plat has been examined and approved by the Planning and Zon- ing Commission. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION By Owen Riley, Secretary. 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 NO. 106.59 Resolution Approving Plat of BIock 2 and Block 3 in "Rolling Ridge Subdivision No. 2" in the City of Dubuque, Iowa. Whereas there has been filed with the City Clerk a plat in which Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, each in Block 2 in "Rolling Ridge Subdivision" in the City of Du- buque, Iowa; and Lots 321, 322, 323, 324, 325, 326, 327 and 328, each in Lenox Addition, Dubuque Coun- ty, Iowa, now in the City of Du- buque, Iowa, is platted as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, each in Block 2 in "Rolling Ridge Sub- division" in the City of Dubuque, Iowa; and Lots 1, 2, 3, 4, 5, 6 and 7, each in Block 3 in "Rolling Ridge Subdivisia~n No. 2" in the City of 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 relat- ing thereto; Now, Therefore, Be It Resolved 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, 226 Regular Session, May 4, 1959 Passed, adapted and approved this 4th day of May, 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 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. April 17, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your con- sideration is subdivision plat of Kurt Court. This is located in the 700 Block on Kaufmann Avenue. This p'.at has been examined and approved by the Planning and Zon- ing Commission. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION 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. RESOLUTION N0. 107.59 Resolution Approving the Plat of Kurt Court 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 2 of Lot 167, Lot 1 of Lot 169, and Lot 2 of Lot 169, of L. H. Langwor• thy's Addition; Lot 2 of Lot 57 in Burton's Addition in Lang- worthy's Hollow; and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Kemps Place in the City of Dubuque, Dubuque County, Iowa, are plat- ted as Kurt Court in the City of Dubuque, Dubuque County, Iowa, by the owners thereof; and Whereas upon said plat appears a street and easements which the owners upon said plat have dedi- cated to the public forever; and Whereas the plat has been ex- amined by the Planning and Zon- ing Commission and has been ap- proved by said body; and Whereas the 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 streets graded, or the sidewalks, surfacing, sewer or water mains installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Seetion 1. That the dedication of Kurt Court, together with the ease- ments 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 2 of Lot 167, Lot 1 of Lot 169, and Lot 2 of Lot 169, of L. H, Langworthy's Addition; Lot 2 of Lot 57 in Burton's Addition in Langworthy's Hollow; and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Kemps Place, in the City of Du- buque, Dubuque County, Iowa, which shall hereafter be known as Kurt Court in the City of Du- buque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque upon said plat, providing the owners of said property exe- cute their written acceptance here- to attached, agreeing: (a) To reduce Kurt Court to grade as shown by the profile submitted with the plat; (b) To surface Kurt Court, as the same appears upon said plat, for a width of 30 feet from curb face to curb face with six inch rolled stone base, with 2~i inch hot mixed, hot laid, bituminous concrete surfacing and with con- crete curb and gutter as shown in the City of Dubuque Standard Curb and Gutter Section; (c) To install water mains in accordance with the plans submit- ted with the plat; n ~, i~ i ,;~: ~~ i~~` I` Regular Session, May 4, 1959 227 (d) To install 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 street described in sub-paragraph (b) hereof; (g) To install concrete sidewalks on both sides of Kurt Court, in accordance with City of Dubuque Standard Specifications for perma- nent sidewalks; (h) To install a light standard in the center of the turn-around at the terminus of Kurt Court, in accordance with the plans submit- ted with the plat; (i) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection 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 ac- ceptance and to maintain the sani- tary sewer for a period of two (2) years from the date of its accept- ance; (k) To provide the foregoing construction and maintenance all at the expense of the owners; (1) To construct said improve- ments prior to November 1, 1960; and further provided that the own- ers of said Subdivision secure the performance of the foregoing con- ditions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event the owners shall fail to execute the ac- ceptance and provide the secur- ity provided far in Section 2 here- of, 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 4th day of May, 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 To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required by the foregoing Resolution No. 107-59 has been provided by the owners. Dated at Dubuque, Iowa, this 5th day of May, 1959. L. J. SCHILTZ 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. 107.59 John Luber and Anna R, Luber as owners, being familiar with the terms and conditions of the fore- going Resolution No. 107.59, here- by accept the same and agree to perform the conditions required of them therein. Dated this 5th day of May, A.D. 1959. JOHN LUBER MRS. ANNA R. LUBER April 17, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivision plat of Blocks 8A, 14, 15, 16, 17, 18 and 19 of Clover Hills Sub. This is another extension of the Schroe- der Co. project. This plat has been examined and approved by the Planning & Zon- ing Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary 228 Regular Session, May 4, 1959 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 Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 108.59 Resolution Approving the Plat of Blocks 14 to 19, inclusive and 8A of Clover Hills Subdivision in the City of Dubuque, Iowa. Whereas there has been filed with the City Clerk a plat in wliich Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Clarence Arlen Place in the City of Dubuque, Dubuque County, Iowa is platted as Blocks 14 to 19, inclusive, and Block 8A of Clover Hills Subdi- vision in the City of Dubuque, Dubuque County, Iowa, by Clarence J. Arlen and Dolores Arlen as owners; and Whereas upon said plat appears 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 Council and they find that the same conforms to the Statutes and Ordinances relating thereto, but that the grades have not been established or the streets graded or the sur- facing, sidewalks, sewer and water mains installed; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section. 1. That the dedications of Theda Drive, Gordon Drive, Crissy Drive, and Kaufmann Ave- nue, together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted; Section 2. That the plat of the Subdivision of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Clarence Arlen Place in the City of Dubuque, Dubuque County, Iowa, which will hereafter be known as Blocks 8A, 14, 15, 16, 17, 18, and 19 of Clover Hills Subdivision in the City of Dubuque, Dubuque County, Iowa be and the same is hereby ap- proved and the Mayor and Clerk are hereby authorized and direct- ed to endorse the approval of the City of Dubuque upon said plat, provided the owners of said prop- erty, hereinbefore named, execute their written acceptance hereto attached, agreeing: (a) To reduce Theda Drive, Gor- don Drive, Crissy Drive, and Kauf- mann Avenue to grade as shown by the profiles submitted; (b) To surface Theda Drive, Gor• don Drive and Crissy Drive, as the same appear on said plat, for a width of thirty feet (30') from curb face to curb face, with 8 inch rolled stone base and 2'~ inch hot mixed, hot laid, bituminous con- crete surfacing, with concrete curb and gutter as shown in City of Du- buque Standard Curb and Gutter Section; (c) To surface Kaufmann Avenue as the same appears upon said plat for a width of 36 feet from curb face to curb face with 8 inch rolled stone base and 2yZ inch hot mixed, hot laid bituminous con• Crete surfacing with concrete curb and gutter as shown in City of Dubuque Standard Curb and Gut- ter Section; (d) To install water mains in ac- cordance with plans submitted with the plat; (e) To install storm and sanitary sewers in accordance with plans submitted with the plat; (f) To install sanitary sewer and water house laterals for each lot from the main to behind the curb line; (g) To provide a seal coat for the surfacing of the streets de- scribed in sub-paragraphs "b" and "c" hereof; (h) To install concrete sidewalks on both sides of Theda Drive, Gor- don Drive, Crissy Drive and Kauf- mann Avenue, as the same appear upon said plat in accordance with City of Dubuque Standard Specifi- cations for permanent sidewalks; (i) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; ;: ,1 ~' t' 1 a.. ''. I i' ,~ I~ Regular Session, May 4, 1959 229 (j) Ta .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 construction and maintenance, all at the expense of Clarence J. Arlen and Dolores Arlen as owners, ex• cept that the City of Dubuque will bear the portion of the cost of the stone base for Kaufmann Ave- nue, attributable to two inches of rolled stone base, for thirty feet in width and 8 inches of rolled stone base far six feet in width, and the City of Dubuque will also bear the portion of the cost of the sanitary sewer in Kaufmann Ave- nue attributable to the difference between the manufacturer's list price for 12-inch sanitary sewer pipe and the manufacturer's list price of 8 inch sanitary sewer pipe for the number of feet of pipe re• quired under the terms of this Resolution; (1) To construct said improve- ment prior to November i, 1961; and further provided that Clar- ence J. Arlen and Dolores Arlen, as owners of said Subdivision se• cure the performance of the fore- going conditions by providing se- curity in such sum, and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Clarence J. Arlen and Dolores Ar- len shall fail to execute the ac• ceptance and to provide the se- curity provided in Section 2 here- of within forty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedications, and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 4th day of May, A.D. 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.5CHUELLER CLARINCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Res- olution No. 108.59 has been pro- vided by the owners. Dated at Dubuque, Iowa, this 11th day of June, 1959. L. J. 5CHILTZ, City Manager 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. ACCEPTANCE OF RESOLUTION N0. 108.59 Clarence J. Arlen and Dolores Arlen, having read the terms and conditions of the foregoing Resolu- tion No. 108.59, and being familiar with the contents thereof, hereby accept the same and agree to per- form the conditions required of them therein. Dated this 19th day of May, 1959. Clarence J. Arlen Dolores Arlen RESOLUTION N0. 109.59 BE 1T 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. Mrs. Marcella M. McCarty, 820 East 18th Street Robert E. Hevey, 1005 Rockdale Road BE IT FURTHER RESOLVED that the bonds filed with the ap• plications be approved. Passed, adapted and approved this 4th day of May, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clek 230 Regular Session, May 4, 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. 110.59 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 up- on the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Mrs. Marcella M. McCarty, 620 East 16th Street Dell and Ralph Warren, 1700 Cen- tral Avenue Harry N, and Lucile Gantert, 1301 Rhomberg Avenue Harriet Bush, 700 East 16th Street Robert J. Bowen, 1105 University Avenue Vernon Meyer, 530 East 22nd Street Dubuque Sports Bowl Corporation, City Island CLASS "C" PERMIT Carl Van Duelman, 590 Clarke Drive William J. Lynn, 424 West Locust Street R. Daniel Winders, 2204 Central Avenue Passed, adopted and approved this 4th day of May, 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 Takos. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION N0. 111.59 WHEREAS, heretofore applica- tions for Beer Permits were filed 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 RE- SOLVED by the City Council of the City of Dubuque that the Man- ager be and he is directed to issue to the fallowing named applicants a Beer Permit. CLASS "B" PERMIT Mrs. Marcella M. McCarty, 620 East 16th Street Dell and Ralph Warren, 1700 Cen- tral Avenue Harry N, and Lucile Gantert, 1301 Rhomberg Avenue Harriet Bush, 700 East 16th Street Robert J. Bowen, 1105 University Avenue Vernon Meyer, 530 East 22nd Street Dubuque Sports Bowl Corporation, City Island CLASS "C" PERMIT Carl Van Duelman, 590 Clarke Drive William J. Lynn, 424 West Locust Street R. Daniel Winders, 2204 Central Avenue BE 1T FURTHER RESOLVED that the bonds filed by such appli• cants be and the same are hereby approved, Passed, adopted and approved this 4th day of May, 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. Sec• onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Regular Session, May 4, 1959 231 May 4, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 30 Plan A & C, 1 to 30 Plan B & C inclusive showing a schedule of the proposed valua- tions and proposed assessments for the City of Dubuque 1959 Boule- vard Lighting Project No. 1-Bid Section 1-Plan A or B; Bid Sec- tion 2-Plan A or B; Bid Section 3-Plan A or B; Bid Section 4- Plan B or C; Bid Section 5-Plan A or B; Bid Section fi-Plan A or B; Bid Section 7-Plan A or B; Bid Section 8-Plan A or B. Submitted May 4, 1959. K. J. CULLEN, City Engineer Councilman Schueller moved that the communication be received and made a matter of record. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 112.59 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa. ~'A Section 1. That the attached sheets No. 1 to 30 Plan A & C, No. 1 to 30 Plan B & C inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1959 Boul- evard Lighting Project No. 1-Bid i Section 1-Plan A or B; Bid Sec- . tion 2-Plan A or B; Bid Section 3-Plan A or B; Bid Section 4- Plan B or C; Bid Section 5-Plan A or B; Bid Section (i-Plan A or B; Bid Section 7-Plan A or B; Bid Section 8-Plan A or B. Adopted this 4th day of May 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 Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 113.59 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the City of Dubuque 1959 Boulevard Light- ing Project No. 1 for the construc- tion of boulevard lights on the fol- lowing named streets: Bid Section 1-Plan A or B- Main Street from 4th street to 12th street; Bid Section 2-Plan A or B- Main Street from Jones Street to 4th Street; Bid Section 3-Plan A or B- Main Street from 12th Street to Loras Boulevard; Bid Section 4-Plan B or C- Iowa Street from 4th Street to Loras Boulevard; Bid Section 5-Plan A or B- Central Avenue from 4th Street to Loras Boulevard; Bid Section (i-Plan A or B- Central Avenue from Loras Boule- vard to 22nd Street; Bid Section 7-Plan A or B- Eighth Street from Bluff Street to Central Avenue; Bid Section 8-Plan A or B- Ninth Street from Bluff Street to Central Avenue; AT AN ESTIMATED COST Plan A~203,099.77 Plan B-$208,277.61 Plan C-$38,391.79. Presented and read. Councilman Welu moved the adoption of the resolution, Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Necessity far Improvement) RESOLUTION N0. 11459 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 232 Regular Session, May 4, 1959 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 valua- tion 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 City of Dubuque 1959 Boulevard Lighting Proieet No. 1 Bid Section 1-Plan A or B Main Street from 4th Street to 12th Street Bid Section ~--Plan A or B Main Street from Janes Street to 4th Street Bid Section 3-Plan A or B Main Street from 12th Street to Loras Boulevard Bid Section 4--Plan B or C Iowa Street from 4th Street to Loras Boulevard Bid Section 5-Plan A or B Central Avenue from 4th Street to Loras Boulevard Bid Section 6-Plan A or B Central Avenue from Loras Boul- evard to 22nd Street Bid Section 7-Plan A or B Eighth Street from Bluff Street to Central Avenue Bid Section 8--Plan A or B Ninth Street from Bluff Street to Central Avenue BE 1T 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 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 plane 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 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 assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered plac• ed on file with the City Clerk this 4th day of May, 1959. Approved and placed on file for final action. Approved CHARLES A. KIlVTZINGER Mayor GEORGE A. FREUND LEO N. 5CHUELLER 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 Freund, Schueller, Takos, Welu. Nays-None. (Fixing date of hearing) RESOLUTION NO. 115.59 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 113.59 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 pub- lic inspection, for the 1 t i Regular Session, May 4, 1959 233 City of Dubuque 1959 Boulevard Lighting Propect No. 1 Bid Section 1-Plan A or B Main Street from 4th Street to 12th Street Bid Section 2-Plan A or B Main Street from Jones Street to 4th Street Bid Section 3-Plan A or B Main Street from 12th Street to Loras Boulevard Bid Section 4-Plan B or C Iowa Street from 4th Street to Loras Boulevard Bid Section 5-Plan A or B Central Avenue from 4th Street to Loras Boulevard Bid Section 6-Plan A or B Central Avenue from Loras Boulevard to 22nd Street Bid Section 7-Plan A or B Eighth Street from Bluff Street to Central Avenue Bid Section 8--Plan A or B Ninth Street from Bluff to Cen- tral Avenue and, WHEREAS, the proposed Resolu• tien of Necessity for said improve• ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 1st day of June 1959, a public hearing will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of .Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same 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 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 resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of May, 1959. CHARLES A. KIlVTZINGER Mayor GEORGE A.FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the ad- option of the resolution, Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Mrs. Josephine Wingert address- ed the Council relative to the pro- posed parking changes in and around the five points of Rhomberg Avenue, which would materially effect her business. Mr. Garrett, representing Roshek Bros. and Mr. Hoppmann repre- senting H & W addressed the Coun- cil as being in favor of Daylight Saving Time and further stating that it works a hardship on their business because the neighboring states are on it, and we are not. Mrs. John Schneider of 636 Wil- son Avenue spoke against Daylight Saving Time on account of the children. Councilman Freund moved that a resolution be drawn up opposing the Putney resolution in the State Legislature on Daylight Saving Time. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Welu moved that Patrolmen Fecker and VanDerMeu- len be commended for their quick action in apprehending a criminal on a morals charge. Seconded by Mayor Kintzinger. Carried by the following vote: 1 t 234 Regular Session, May 4, 1959 i P 1 E I f Special Session, May 13, 1959 235 al to dispose of said real estate, pursuant to notice published in the Telegraph-Herald on April 23, 1959 and April 30, 1959, and at which time and place all electors of the City of Dubuque and all other interested parties were af- forded an opportunity to appear and be heard; and Whereas the City Council having considered all the arguments ad• vanced regarding said proposal is of the opinion that it is in the best public interest that said prop- erty be sold under the terms and conditions hereinafter set forth in Section 2 of this Resolution; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That all objections to said proposal be and the same are hereby overruled; Section 2. That Blocks 9, 10 and 11 in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, as the same appear upon a proposed plat of Riverfront Subdivision No. 3 prepared by Bartels & McMahan Engineers, and dated April 20, 1959, be and the same are hereby sold to The Eska Company Inc., an Iowa corporation, with its prin• cipal place of business in the City of Dubuque, Iowa, for an agreed purchase price of $17,943.00 upon the following terms and conditions: (a) The purchase price of $17,- 943.00 shall be payable as fol• lows: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the street department and street Commissioner Allen be commended for the wonderful work they did during the winter in cleaning the snow from the streets. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that Mr. Irvin Oeth and Mr. Frank Glob be re-appointed to the Plan- ning & Zoning Commission for a five year term to May 24, 1984. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. LEO F. FROMMELT City Clerk Approved ............................1959. Adopted ..............................1959. Councilmen : .................................... Attest ................................................ City Clerk ,~ ~ ~~ `z. CITY (OUN(IL Special Session, May 13, 1959. Council met at 7:30 P.M. Present - Mayor Kintzinger, Councilmen Freund, Schueller, Takos, Welu, City Manager Schiltz. Mayor Kintzinger read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- ducting apublic hearing to consid- er the proposal to dispose of Blocks 9, 10 and 11 in Riverfront Sub- division No. 3 to The Eska Com- pany Inc., and acting on any other business as may properly came before a regular meeting of the City Council. Proof of publication, certified to by the Publisher, of Official Notice of hearing to consider the proposal to dispose of Blocks 9, 16 and 11 in Riverfront Subdivision No. 3 to The Eska Company Inc., presented and read. Na written objections were filed at the time set for the public hear- ing. Councilman Freund moved that the proof of publication be received and filed. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 116.59 Whereas The Eska Company, Inc., has submitted to the City Council an offer to purchase Blocks 9, 10 and 11 in River- front Subdivision No. 3 in the City of Dubuque, Iowa, as the same appear upon the pro- posedplat of said Subdivision dated April 20, 1959, under the terms and conditions hereinafter set forth; and Whereas the Dock Board of the City of Dubuque has recommended acceptance of said offer upon said terms and conditions; and Whereas a public hearing was had in the City Council Chambers in the City Hall on May 13, 1959 at 7,30 o'clock P.M, on the propos- (I) Eighteen Hundred Dollars ($1800) upon delivery of the City's Deed conveying the above described prop- erty; (H) Sixteen Thousand One Hundred Forty-Three Dol- lars ($16,143.00) w h e n ground is broken for the construction of the factory and office building referred to in subparagraph (b) of this section; (b) Grantee agrees to construct a factory and office building containing not less than 50,- 000 (fifty thousand) square feet of ground floor area prior to July 1, 1960 and in 236 Special Session, May 13, 1959 the event grantee fails so to do all rights of grantee un- der this Resolution, or any deeds issued pursuant there- to, shall become forfeited and the premises revert to and become the property of the City of Dubuque, and the deed shall so provide; (c) The City of Dubuque will furnish an abstract of title to grantee showing good and merchantable title in the City of Dubuque; (d) The City will properly exe- cute and record the plat of said Riverfront Subdivision No. 3, prepared by Bartels & McMahan Engineers, and dat- ed Apri120, 1959; (e) Grantee will pay any Federal documentary tax attached to the transaction; (f) The City shall have a reason• able time in which to prepare and deliver the abstract pro- vided for in sub-paragraph (c) hereof, and grantee will have a reasonable time to examine the title as shown by said ab- stract; Section 3. That the Mayor and City Clerk be and tHey are hereby authorized and directed to execute the deed of the City of Dubuque, conveying said property to said grantee, subject to said condition, and deliver the same upon the receipt of the sum of Eighteen Hundred Dollars ($1800) and the acceptance of the foregoing condi- tions by grantee; Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 13th day of May A.D. 1959, CHARLES A. KINTZINGER Mayor GEORGE A, FREUND .LEO N. SCHUELLER CLARENCE P, WELU Councilmen Attest: LEO F. FROMMELT, City Clerk ACCEPTANCE OF CONDITIONS The Eska Company, Inc., being familiar with the terms and condi• bons of Section 2 of the forego- ing resolution No. 116-59 hereby accepts the same. THE ESKA COMPANY, INC., By L. D. Rascel, It's President 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, Welu. Nays-None. Councilman Takos not voting. Councilman Freund moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Takos was of the opinion that the City should not re• lease primary control in the event of cessation of business by the present purchaser, The Eska Com- pany Inc. Mr. Edward McDermott addressed the Council in behalf of his client the Eska Company by re- emphasizing apoint that it is al- most impossible to secure proper financing when you have a restric- tion on the deed. Communication of Retail Mer- chants Bureau submitting a resolu- tion that the Board of Directors of the Dubuque Chamber of Com• merce go on record as favoring Daylight Saving Time for the City of Dubuque from the last Sunday of April to the last Sunday of September, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petitions and cards totaling 828 names as being for Daylight Sav- ing Time and requesting that Day- light Saving Time be established k I Special Session, May 13, 1959 237 during the summer of 1959 and that the following question be sub- mitted to the electorate at the November 1959 election "Shall the City of Dubuque observe Daylight Saving Time of one hour per day from the last Sunday in April to the last Sunday in September in each year beginning with the last Sunday in April 1960," presented and read. Councilman Freund moved that the petitions be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilman Freund, Schueller, Takos, Welu. Nays-None. Mrs. John Schneider of Wilson Avenue, addressed the Council ob- jecting to Daylight Saving Time. Mr, Frank Saunders addressed the Council by stating that the Re- tail Merchants Bureau has nothing to do with the committee on Day light Saving Time and has put nothing in the fund. Mr, Joe Reuter addressed the Council by stating that in his opin- ion the Council should abide by the former decision of the voters relative to Daylight Saving Time. Mr. Leo Steffen read a letter from the Harnishfeger Corporation of Milwaukee as being in favor of Daylight Saving Time. May 13, 1959 To the Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: The Citizens Committee for Day- light Saving Time of Dubuque are enclosing herewith a cashier's check in the sum of FYfteen Hun- dred Dollars ($1,500.00) payable to the City of Dubuque, Iowa, The purpose of this money is to pro- vide for a vote of the electorate of this City on the issue of Daylight Saving Time for Dubuque during the summer of 1959 and summers of following years. It is our understanding that upon receipt of this money the City Council of this City will provide for such election as soon as possible and will be governed accordingly. We would suggest that the ques- tion to the electorate in substan- tially the following form: Shall the agencies of the City of Dubuque be placed upon Central Daylight Saving Time as of 2:00 A.M, on the first Sunday following this election until 2:00 A.M, on the last Sunday of September in 1959, and from the last Sunday in April to the last Sunday in September during each year thereafter? Respectfullly submitted, The Citizens Committee for Daylight Saving Time. By A, J. Griffin Jr. Councilman Freund moved that the $1500. tendered by the Citizens Committee for Daylight Saving Time be received in the Trust and Agency Fund for the purpose of defraying the costs of conducting a plebescite to determine the will of the people on Daylight Saving Time; that the City Clerk be auth- orized to permit the judges and clerks heretofore appointed for the various precincts to take cus• tody of the duplicate election regis- ters on the day of the election; that voting machines may be used in the election; that the City Clerk be instructed to Cooperate in the conduct and supervision of the election; that the regular polling places be used; that the election be held between 7 A.M, and 8 P.M. May 27, 1959; that absent voters ballots be used; that the question be as stated in letter to City Coun• cil; "Shall the agencies of the City of Dubuque be placed upon Central Daylight Saving Time as of 2:00 A.M. on the first Sunday fol- lowing this election until 2:00 A,M. on the last Sunday of September in 1959, and from the last Sunday in April to the last Sunday in Sep- tember during each year there- after?"; that notice of the election be given by publication in a form similar to that of a regular election prior to May 20, 1959; that all per- sons duly registered as shown by the duplicate registration books be entitled to vote; that questions arising on the interpretation of this resolution shall be determined by the sole decision of the City Clerk. Seconded by Councilman Welu. Carried by the' f~ltgwing vot<p;. 238 Special Session, May 13, 1959 Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of U. S. Confer- ence of Mayors extending an invita- tion to the members of the City Council to attend the annual con• ference of Mayors to be held in Los Angeles in July, presented and read. 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. Communication of U. S. Confer- ence of Mayors extending an invita- tion to the Mayor to attend the annual conference of Mayors to be held in Los Angeles in July, pre- sented and read. Councilman Freund moved that the communica- tion be received and filed. Second- ed by Mayor Kintzinger. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of U. S, Senate from the subcommittee on prob- lems of the aged and aging request- ing comment on the problem as to our area relative to priorities if any; private and public agencies; need for additional action by the Federal Government; requesting new ideas; what part educational groups should play; presented and read. Mayor Kintzinger moved that the communication be referred to the City Manager for investigation and an answer. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of National riv- ers and Harbors Congress advising that the dredging of the Municipal Commercial Harbor at Dubuque, Iowa, on the upper Mississippi river is scheduled for consideration in Washington on May 13, 1959, presented and read, Councilman Freund moved that the communica- tion be received and filed. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, NOTICE OF RENEWAL OF GOVERNMENT LEASE Date: May 1,1959 To: The Mayor City of Dubuque Dubuque, Iowa. You are hereby notified that un• der the provisions of the Govern- ment Lease below, the United States of America elects to renew the said lease as the same may have been amended, and by these presents does renew, extend, and adopt the said lease and all the terms, conditions, and general pro• visions thereof for the period be- ginning 1 July, 1959, and ending 30 June, 1960. DESCRH'TION OF LEASE (NOy (R) number, date, acreage, location by street number, City, county and state as applicable; Lease NOy(R)-40838 with the City of Dubuque, Iowa, Lessor, dated 1/1/47, covering use of a 0.85 acre site, Ham's Addi- tion, Dubuque, Iowa, for a U. S, Naval Reserve Training Cen- ter. United States of America By J. E. Rehler, Capt. CEC USN Contracting officer for Chief, Bureau of Yards & Docks. Mayor Kintzinger moved that the notice be received and made a mat- ter of record. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Communication of Thomas A. Brant advising that he is donating a thesis, which was written as a partial requirement for graduation from Loras College, entitled "The Administration of Public Tort Lia• bility in Dubuque" dedicated to the City of Dubuque, presented and read. r i~~ !' I ~:. ~4 (# G ~. ~; ~, n '~ ;. i Special Session, May 13, 1959 239 Councilman Freund moved that the communication be received and filed and the City Manager be in- structed to send a letter of thanks. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Harry E. Rice of 2098 Morningview Road object- ing to the construction of proposed sidewalks on Valleyview Road, pre- sented and read. Councilman Freund moved that the communica- tion be referred to the public hear- ing on sidewalks. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Marlin H. Manderscheid of 2115 Chaney Road objecting to the construction of proposed sidewalks on Valleyview Road, presented and read. Council- man Freund moved that the com• munication be referred to the pub- lic hearing on sidewalks. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 8, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am attaching herewith the Agreement signed by the Mayor of the town of East Dubuque relative to emergency ambulance service for that City. Very truly yours, L. J. SCHILTZ, City Manager This AGREEMENT entered into between CPfY OF DUBUQUE, IOWA, and TOWN OF EAST DU- BUQUE, ILLINOIS: The City of Dubuque agrees to furnish, when available, ambulance service in emergencies when re• quested by authorized officials of the Town of East Dubuque, Illinois, provided such calls do not require a trip by the ambulance longer than five (5) miles from the City Limits of the City of Dubuque. The town of East Dubuque agrees to pay for such service the sum of Fifteen Dollars ($15) per trip per person, plus twenty-five cents (25c) per mile for the entire distance traveled by the ambulance in providing the service from leav- ing the garage to return to the garage. Until otherwise modified in writ- ing, signed by the Mayor of East Dubuque, Illinois, the persons whose names are attached hereto shall be the only officials of said Town authorized to request such calls. This agreement may be termin- ated by either party by written notice. Dated this 8 day of May, 1959. City of Dubuque, Iowa by L. J. SCHILTZ, City Manager City of East Dubuque, Illinois by WALTER L. GILLIGAN Mayor. Mayor Kintzinger moved that the agreement be received and made a matter of record. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 13, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same for filing, subject to the approval of the City Solicit- or: EXCAVATION Conlon Construction Company, Policy No. 8YL208,090 Lumber- mens Mutual Casualty Co. BLASTING Kenneth W. Gaber, d/b/a K. W. Construction Co., American Surety Co. of New York 240 Special Session, May 13, 1959 SIDEWALK Leonard Timmerman, d!b/a Tim• merman Construction Co., The Travelers Indemnity Co. John P. Welter,. d/b/a John P. Welter & Sons, Hawkeye-Security Insurance Co. Vern Simon, Merchants Mutual &xnll~ng Cb. Glenn Abernathy and George Hodgson, Columbia Casualty Co. James Kunz, Columbia Casualty Co, Charles T. Correll, Western Sure• ty Co. Respectfully submitted, L. J. SCHIhTZ, City Manager Councilman Schueller moved that the bonds and policies be filed subject to the approval of the City Soliator. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 14, 1959 To the Honorable Mayor and. City Council Dubuque, Iowa Gentlemen: I' am attaching herewith a report on the operation of the Water De- partment for the six months period since the rate increase has been in effect. The revenue that has been de- rived through the rate increase is a little less than we had anticipated during the six months of operation, however, it is felt that revenue over the period of one year will be very close to that estimate that was made during the time of dis- cussion of a rate increase. Respectfully submitted, L. J. SCIIiI,TZ, City Manager Councilman Freund moved that the report be reeeived and filed, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen. Freund, Schueller, Takos, Welu. Nays-None. May 14, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the meeting of the Recreation Commission on May 11th, the com- munication from Sears Roebuck & Company, referred by the City Council to the Recreation Commis- sion and the Council far study, was discussed. It is the feeling of the Recreation Commission that the benefit of Rafferty Field as a playground area has been dimished considerably over the years and the use as now made of Rafferty Field could be more profitably made in othox sections of the City in larger play areas that are located in the pro- per respect to the population. Representatives of the Play ground and Recreation Commission will be at the Council meeting to discuss the sale of this property to Sears. Roebuck & Company. Respectfully submitted, L. J. SCHII.TZ, Chairman Playground & Recreation Commission Mr. Frank Fluckiger and Mr. John Petrakis were present as rep- resentatives of the Recreation Commission, They were of the opin• ion that the funds received from the sale of Rafferty should be ear- marked but felt that it was best that they would not comment pro or con at this particular time. Mayor Kintzinger moved that the communication be referred to the City Council, City Manager and Recreation Commission for contin- uing study and the Manager be in- structed to get an estimate of val- uation from proper sources and further to negotiate with the in- terested purchasers. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 11, 1959 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: I have examined the claim of Mrs, Rosella Whitfield, of 904 East ~• I, i, r Special Session, May 13, 1959 241 First Street, Anamosa, and find that it appears upon the face of the claim that the same is barred by the Statute of Limitations. Investigation further discloses no negligence on the part of the City and I therefore recommend that the claim be denied. 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. May 11, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Howard Meyer, 2105 Rhomberg Av enue, for damages sustained when a sanitary sewer backed up into his basement, damaging the fur- nace beyond repair, and causing minor damage to his washing mach- ine and hot water heater. The cost of repairing the dam- age, exclusive of the cost of clean- ing up the premises was $674, From my investigation it appears that the City may have been to some degree responsible for this condition. I have discussed the claim with claimant's attorney and he has agreed to accept the sum of five hundred dollars in full settlement. I recommend that this settlement be approved and the Auditor auth- orized to issue a warrant payable to Howard Meyer and Robert Ken- line, his attorney, in the amount of $500 and to deliver the same 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 Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 13, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: At your direction, I have investi- gated the claim of Mrs. Herman Leute, 2216 Rhomberg Avenue, Du- buque, for injuries sustained in a fall on the crosswalk on Eighth Avenue February 12, 1959 and find that the injuries were sustained as claimed and that the crosswalk was defective, and that the claim- ant sustained a broken wrist as the result of the fall. I have discussed this claim with the claimant and she is agreeable to accept the sum of Two Hundred and Twenty-five dollars in full settlement. I recommend that this settle- ment be approved and the Auditor instructed to issue a warrant pay- able to Mrs. Herman Leute in the sum of $225.00 and deliver the same to her upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON Mayor Kintzinger moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 11, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Mr. A, M. Meyers, of 2898 Wash- ington Street, for damages sus- tained when his basement was ac- cidently flooded incident to doing some sewer work in that vicinity. The claimant has agreed to ac- cept thirty dollars in full settle- ment and I recommend that this claim be allowed and the Auditor instructed to issue a warrant pay- able to A. M. Meyers in the amount of $30, and deliver the same upon receipt of a properly executed release, Respectfully submitted, T. H. NELSON 242 Special Session, May 13, 1959 Mayor Kintzinger moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Paul J. Henkel, in an unnamed amount, for damage to his car as the result of striking a defective catch basin cover on the northwest corner of University and Booth on May 5, 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 Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of suit of Emmett Kies Plaintiff vs. City of Dubuque, Iowa, Defendant in the amount of $15,000 as damages for personal injuries received in a fall on an ice covered crosswalk at 6th & Central Avenue on February 6, 1959, presented and read. Councilman Freund moved that the notice be referred to the City Solicitor, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Taylor Pharm- acy, in the amount of $143.65, for damage to their panel truck as the result of striking a defective manhole on Green Street on April 3, 1959, presented and read. Coun• Gilman Freund moved that the claim be referred to the City Solic- itor 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 Karl F, Funk et al requesting the installation of a street light on Jeffrey Drive, south of Hillcrest Road, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Crescent Electric Supply Co. requesting the vacation of Camp Street from Main street west to Salina street being joined in the petition by Anderson-Weber Lincoln Mercury Co., the Nurre Companies Inc., Crescent Realty Corporation and Allied Chemical Corporation, in order to use the land for the creation of a parkway area in connection with Cresslanes, presented and read. Mayor Kint- zinger moved that the petition be referred to the Planing & Zoning Commission for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 19.59 An Ordinance establishing a grade on Illinois Avenue from the south property line of Pennsylvan- ia Avenue to the west property line of Drexel Avenue, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance, Seconded by Council- man Schueller. 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 Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 19.59 An Ordinance establishing a grade on Illinois Avenue from the South property line of Pennsyl- vania Avenue to the West property line of Drexel Avenue. Special Session, May 13, 1959 243 Section 1. That a grade on Illi- nois Avenue from the south prop- erty line of Pennsylvania Avenue to the west property line of Drexel Avenue, be and the came is here- by established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1482. Bench Mark: Point of arrow on fire hydrant 30 feet west of Illinois Avenue on the south side of Penn- sylvania Avenue. Elevation 846.17 said grade begins at the south property line of Pennsylvania Ave- nue, which is station 0}00, east and west curb elevation 844.75: thence to station 1}00, P. C., eleva- tion, east and west curb elevation 839.75: thence to station 1}5D, P.I. elevation 337.25 M. 0. =0/20 east and west curb elevatio^ 837.45: thence to station 2 COQ P.T. ele- vation east and west curb eleva- tion 835.55: thence to station 3}75, P.C. elevation, east and west curb elevation 829.57: thence to station 4}25, P.I. elevation 827.86 M.O.= 0.21 east and west curb elevation 827.65: thence to station 4}75, P.T. elevation, east and west curb ele- vation 826.33; thence to station 7}60, P. C. elevation, east and west curb elevation 810.90: thence to station 8}4Q P.I. elevation 806.85, M.0.=1.05 east and west curb ele- vation 805.80: thence to station 9}2Q P.T. elevation, east and west curb elevation 798.60: thence to station 10-~-6D, P. C. elevation, east and west curb elevation 784.17; thence to station 11}70 P.I. eleva- tion 779.00 M.0.=1.23, east and west curb elevation 780.23: thence to station 11}60, P.T. elevation, east and west curb elevation 778.75: thence to station 12}57.7, which is the west property line of Drexel Avenue, north and south curb ele- vation 778.26. Section 2. This ordinance shall be in full force and elfeet immedi- ately upon its final passage and adoption and publication provided by law. Section 3. That ordinance number G-493 adopted October 24, 1921, be and the same is hereby repealed. Passed, adopted, and approved this 13th day of May, 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 Tele- graph Herald newspaper this 20th day of May, 1959. LEO F. FROMMELT City Clerk lt. 5-20 ~.. ~. Be it Ordained by the City Coun- cil of the City of Dubuque: Councilman Freund moved the adoption of the Ordinance. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilman Freund, Schueller, Takos, Welu, Nays-None. ORDINANCE N0. 20.59 An Ordinance establishing a grade on Ohio Avenue from the south property line of Pennsylvania Avenue to the north property line of Illinois Avenue, presented and read. Councilman Freund moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- manman Schueller, 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• Gilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 20.59 An Ordinance establishing a grade on Ohio Avenue from the South Property Line of Pennsyl- vania Avenue to the North Prop- erty Line of Illinois Avenue. Be tit Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Ohio Avenue from the south property line of Pennsylvania Avenue to the North property line of Illinois Ave- nue, be and the same is hereby established and adapted as shown by a profile of said street and grade Prepared by the City Engi- neer, profile number 1500. Bench: Mark: Point arrow on fire hydrant on the northeast corner of inter- section of Pennsylvania Avenue and Chaney Road, Elevation 799.72. Said grade begins at the south property line of Pennsylvania Ave- nue, which is station 0}00, east and west curb elevation 795.00: thence to station 1}25, P. C. ele- vation, east and west curb eleva- tion 795.68: thence to station 1}5'0, P. I. elevation 795.81, M.0.=0.07, east and west curb elevation 795.74: then to station 1}75, P. T. eleva- tion, east and west curb elevation 795.05, thence to station 3}OD, P. C. elevation, eaet and west curb ele- vation 794.84: thence to station 3}50, P. I. elevation, 794.61, M.O.= 0.08, east and west curb elevation 799.93: thence to station 4}00, P. T. elevation, P. C. elevation for east curb, east and west curb ele- vation 793.88: thence to station 9}50, P. I. elevation, west curb elevation 793.25, M.0.=0.26, east curb elevation 792.99: thence to station 5}00, P. T. elevation, east curb elevation 791.58, west curb elevation, 792.62: thence to station 5+31.96, which is the north prop- erty line of Illinois Avenue, east curb elevation 790.50, west curb elevation 792.22. Section 2. This ordinance shall be in full force and effeot immedl- 244 Special Session, May 13, 1959 ately upon its final passage and adoption and publication prov{tled by law. Section 3. That ordinance number G-493 adopted October 24, 1921, be and the same is hereby repealed. Passed, adopted, and approved this 13th day of May, 1959. CHARLES A. KINTZINGER Maym~ GEORGE A. FREUND LF.O. N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in the Tele- graph Herald newspaper this 20th day of May, 1959. LEO. F. FROMMELT City Clerk 1t. 5-20 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. ORDINANCE NO. 21.59 An Ordinance establishing a grade on Evergreen Drive from the north property line of Clover Hill Subdivision to the south property line of Kaufmann Avenue, present- ed and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. 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 N0. 21.59 An Ordinance establishing a made on Evergreen Drive from the North Property Line of Clover Hill Subdivision to the South Prop- erty Line of Kaufmann Avenue. Be It Ordained by the City Coun- cil of the City of Dubuque. Section 1. That a grade on Ever- green Drive from the North Prop- erty Line of Clover Hil] Subfliviaion to the South Property Line of Kaufmann Avenue, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1504. Bench Mark: Point of arrow on fire hydrant on the southeast corner of intersection of Evergreen Drive and Lindale Street. Eleva- tion 897.18. Said grade begins at the North Line of Clover Hilis Sub- division, which is station 0}00, east and west curb elevation 842.90: thence to atation 2}75.96, which is the South Property Line oP Kauf- man Avenue, east and west curb elevation 840.66. Section 2. This ordinance shall be in full Force and effect immediate- ly upon its final passage and adop- tion and publication provided by law. Section 3. That ordinance num- ber G-493 adopted October 24, 1921, be and the same is hereby repealed. Passed, adopted and approved this 13th day of May, 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 Tele- graph Herald Newspaper this 20th day of May 1959. LEO F. FROMMELT City Clerk lt. 5-20 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. ORDINANCE N0. 22.59 An Ordinance establishing a grade on Kaufmann Avenue from the east property line of Evergreen Drive to Theda Drive, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller, 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 N0. 22.59 An Ordinance establishing a grade on Kaufmann Avenue from the East Property Line of Ever- green Drive to Theda Drive, Special Session, May 13, 1959 245 Be It Ordained by the City Coun- ci] of the City of Dubuque: Section 1. That a grade on Kauf- mann Avenue from the east prop- erty line of Evergreen Drive tc Theda Drive, be and the same is 4 hereby established and adopted as `~ shown by a profile of said street ~' and grade prepared by the City Engineer, profile number 1613. Bench Mark: Point of arrow on fire hydrant No. 3120 Kaufmann Ave- nue, elevation 856.45. Said grade begins at 137.85 feet east of cen- ter line oY Evergreen Drive, north and south curb elevation 850.00: thence to atatien 0}60, P. C. ele- vation, north and south curb ele- vation 844.00: thence to station 1}10, P. L, elevation 839.00, M.O.= 168, north and south curb eleva. lion, 840.68: thence to station 1}60 P. T, elevation, north and south curb elevation 840.72: thence to station 3}OD, north and south curb elevation 845.55. Section 2. This ordinance shall be in full force and effect immedi- ately upon its final passage and adoption and publication provided by law. Section 3. That ordinance num- ber G-493 adopted October 24, 1921, be and the same is hereby repea]- ed. Passed, adopted, and approved this 13th day of May, 1969. 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 Tele- graph Herald newspaper this 20th day of May 1959. LEO F. FROMMELT, ! City Clerk lt. 5-20 Councilman Fretmd 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. ~, ORDINANCE N0. 23.59 An Ordinance establishing a grade on Collins street from the south property line of Lombard street to the north property line of St. Joseph Street, presented and ~ read. Councilman Freund moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schueller. Carried by the fol- ~ lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weill. Nays-None. t 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 N0. 23.59 An Ordinance establishing a grade on Collins Street from the South Property Line of Lombard Street to the North Property Line of St. Joseph Street. Be It Ordained by the City Coun- cil of the City at Dubuque: Section 1. That a grade on Col- lins Street from the south prop- erty line of Lombard Street to the north property line of St. Joseph Street, be and the same fa hereby established and adopted as shown by a profile of said street and grade prepared by the City Eng1- neer, profile number 1499. Bench Mark: Point of arrow on fire hyd- rant on the Southwest corner of Lombard and Gondolfa Streets, Elevation 837.27. Said grade begins at the South Property Line of Lombard Street, which is station 0}00, east and west curb eleva- tion 817.60; thence to station 1-F50, P. C., elevation, east and west curb elevation 8D8.15; thence to station 2}D0, P.I, elevation 805.00, M.0.=0.48, east and west curb elevation 805.481 thence to station 2}50, P.T, elevation, east and weal curb elevation 803.77; thence to station 3}60, P.C. Eleva- tion, east and went curb elevation 801.301 thence to station 4+OD, P.I. elevation 800,05, M.0.=0.225, east and west curb elevation 800.31; thence to atation 4}50, P.T. eleva- tion, east and west curb elevation 799.81; thence to atation 7}31, which is the North Proyer[y Line of St. Joseph Street, east and west curb elevation 798.31. Section 2. This ordinance shall be in full Porce and effect immedi- ately upon Its final passage and adoption and publication provided by law. Section 3. That ordinance number G-493 adopted October 24, 1921, be and the same is hereby repealed. Passed, adopted and approved this 13th day of May 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 Tele- graph Herald newspaper this 20th day of May 1959. LEO F. FROMMELT, City Clerk lt. 5.20 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, 246 Special Session, May 13, 1959 Special Session, May 13, 1959 2~7 ORDINANCE N0. 2459 An Ordinance establishing a grade on Marquette Place from the existing curb at the south prop- erty line of Lot 4 of Audubon Sub- division to the end of turnaround a point 175 feet northwest of be- fore mentioned property line, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. 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. 24.59 An Ordinance establishing a grade on Marquette Place from the existing curb at the South property line of Lot 4 of Audubon Subdivision to the end of turn- around apaint 176 feet Northwest of before mentioned property line. Be 1t Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Dlar- quette Place from existing curb at the south property line of Lot 4 Audubon Subdivision to the end of turnaround a point 175 feet northwest of before mentioned property line, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1505. Bench Mark: point of arrow on fire hydrant at Number 2616 Marquette Place. Elevation assumed 1D0.00. Said grade begins at station 0{00 which is south property line of Lot 4 of Audubon Subdivision, with an elevation of 97.25 Por west and east curb: thence to atatien 0{2b west curb elevation 97.85, east curb 97.85: thence to station 0{50 east curb elevation 98.96, west curb ele- vation 98.41: thence to station 0{75 east and west curb elevation oY 98.85. Section 2. This ordinance shall be in full force and effect immedi- ately upon its final passage and adoption and publication provided by law. Section 3. That ordinance num- ber G-493 adopted October 29, 1921, be and the same is hereby repeal- ed. Passed, adopted, and approved this 13th day of May, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, Ctiy Clerk Published officially in the Tele- graph Herald newspaper this 20th day of May 1959. LEO F. FROMMELT City Clerk lt. 5.20 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, ORDINANCE N0. 15.59 An ordinance establishing a grade on Harrison street from the south property line of Jones street to the north property line of Dodge street, presented and read. Coun- cilman Freund moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Schueller. 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, 25.59 An Ordinance establishing a grade on Harrison Street from the South Property Line of Jones Street to the North Property Llne oY Dodge Street. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Har- rison Street Yrom the south prop- erty line of Jones Street to the north property line of Dodge Street, be and the same is hereby estab- lished and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1508. Bench Mark; Point of arrow on Fire hydrant on the southwest corner of Locust and Janes Streets. Elevation: 612.14. Said grade begins at the south property line of Jones Street, which is station 0{00, east and west curb elevation 605.6x: thence to station 1{00, P. C, el@. I f I f, vation, East and West curb Eleva- tion 606.07: Thence to Station 1}50, P. I. Elevation 607.29. M.0.=0.11m East and west curb elevation 606.18: Thence to station 2{00, P. T. Elevation, east and west curb elevation 606.07: Thence to station 3}50, P,C. elevation, east and west curb elevation 605.41: Thence to station 4{00, P. I. elevation 605.19, M.O.=0.05, East curb elevation 605.14, west curb elevation 605.19: thence to station 4{50, P.T. ele- vation, Eaat curb elevation 604.77, west curb elevation 604.97: thence to atation 5{20, which is the north property line of Dodge Street, east curb elevation fi04.20, west curb elevation 604.66. Section 2. This ordinance shall be in full force and effect immeui- ateiy upon its final passage and adoption and publication provided by law. Section 3. That ordinance num- ber G-493 adopted October 24, 1921, be and the same is hereby repeal- ed. Passed, adopted, and approved this 13th day of May, 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 Tele- graph Herald Newspaper this ZOth uay of May, 1959. LEO F. FROMMELT, City Clerk. 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. ORDINANCE N0. 26.59 An ordinance estbalishing a grade on Lindale street from the east property line of Woodlawn street to a point 176.0 feet easter- ly, presented and read. Councilman r'reund moved that the reading just had be considered the first reading of the Ordinance. Seconded by ~• Councilman Schueller. Carried by f the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Councilman Freund moved that the rules be suspended requiring E, 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. ,b,, Nays-None. x ORDINANCE NO. 26.59 An Ordinance establishing a grade on Lindale Street from the East Property Line oP Woodlawn Street to a point 176.D feet easterly. Be It Ordained by the City Coun- cil of the City of Dubuque. Section 1. That a grade on Lin- dale Street from the east property line of Woodlawn Street to a point 176.0 feet easterly, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1503. Bench Mark: Point of arrow on the fire hydrant on the North- east corner of Woodlawn and Lin- dale Streets. Elevation: 880.30. Said grade begins at the east property line of Woodlawn street, which is station 0{00, thence to station 0{09.25, north and south curb ele- vation 878.20; thence to station 1{76, north and south curb eleva- tion 891.86. Section 2. This ordinance shall be in full force and effect immedi- ately upon its final passage and adoption and publication provided by law. Section 3. That ordinance num- ber G-493 adopted October 24, 1921, be and the same is hereby repeal- ed. Passed, adopted, and approved this 13th day of May, 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 The Telegraph Herald newspaper this 20th day of May, 1959. LEO F. FROMMELT City Clerk. lt. 5-20 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, ORDINANCE N0. 27.59 An Ordinance establishing a grade on Alta Place from the south property line of Green Street to the north property line of Dela- ware Street, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 248 Special Session, May 13, 1959 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 N0. 27-59 An Ordinance eatabliahtng a grade on Alta Place from the South property nne of Green Street to the North property line o[ Delaware Street. Be It Ordained By The City Council Of The City Of Dubuque. Section 1. That a grade on Alta Place from South property 1[ne of Green Street to the North property line of Delaware Street, be and the same is hereby established and adopted as shown by profile of said street and grade prepared by the City Engineer, Profile Number 1506. Bench Mark; Point of arrow on fire hydrant at the Southeast corner of intersection at Dexter and North Algona streets. Eleva- tion 613.73. Said grade begins at station 0+00, which is South property llline of Green Street, bleat curb Elevation 812.99, East curb Elevation 811.55; thence to Station 0}50 P, I. of East and bleat curb vertical curve is at Ele- vation 806.92 M. 0. for East curb is 2.10, curb Elevation 809.02, M. 0, for bleat curb is 2.41, curb Eleva- tion 809.33: thence to Station 1}00 East and bleat curb Elevation 810:70: thence to elation 3}63.85 East and West curb grade of 830.85. Section 2. Thia Ordinance shall be in full force and effect imme- diately upon its final passage and adoption and publication provided by law, Section 3. That Ordinance Num- ber G-493 adopted October 24, 1921, be and the same Ie hereby repeal- ed. Passed, adopted, and approved this 13th day of May, 1959, CHARLES A. KLNTZINGER Mayor ~, GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Counenmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald newspaper this 20th day of May 1959. lt, 5/20 LEO F. FROMMELT City Clerk 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. ORDINANCE NO. 28.59 An Ordinance establishing a grade on McClain street from the north property line of Dodge Street to a point 170 feet northerly, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading 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. 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 N0. 28-59 An Ordinance establishing a grade on McCain Street from the North Property Line of Dodge Street to a point 170 feet Norther- ly. Be It Ordained by the City Coun- of the City of Dubuque: Section 1. That a grade on Mc- Clain Street from the North Prop- erty Line of Dodge Street to a point 170 feet Northerly, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1510. Bench Mark: point of arrow on fire hydrant on the Northwest corner of North Hill and Dodge Streets. Elevation 767.15, Said grade begins at the north property line of Dodge Street, which is sta- tion D}00, West curb Elevation 754.73, East curb Elevation 753.33: thence to Station 0}25, East P. C., East curb Elevation 759.17, bleat P. C., bleat curb Elevation 754.87: thence to Station 0}50, East P. I. Elevation 755.00, M.0.=0.713, East curb Elevation 755.71, West P. I. Elevation 755.D0, M.0.=0.888, West curb Elevation 755.89: thence to Station 0}75, P. T. Elevation, East and West curb Elevation 758.09: thence to station 1}30, P. C. Ele- vation, Eaat and West curb Ele- vation 766.79: thence to Station 1}45, P. I. Elevation 769.00, M. 0.=0.303, East and West curb Elevation 708.70: thence to Sta- tion 1}60, P. T. Elevation, East and West curb Elevation 770.00: thence to Station 1}7D, East and West curb Elevation 770.67. Section 2. This ordinance shall be in full farce and effect immedi- ately upon its final passage and adoption and publication provided by law. Section 3. That ordinance num- ber G-493 adopted October 24, 1921, be and the same i9 hereby repealed. ~? Special Session, May 13, 1959 2~9 Passed, adopted, and approved this 13th day of May, 1959. CHARLES A. KINTZINGER Mayor t4 GEORGE A. FREUND ~?' LEO N. SCHUELLER ~' CLARENCE P. WELU PETER J. TAKOS Councilmen Attes: LEO F. FROMMELT City Clerk Published officially in the Tele- graph Herald newspaper this 20th +a day of May 1959. LEO F. FROMMELT City Clerk. It 5-20 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. ORDINANCE N0. 29.59 An Ordinance establishing a grade on Chaney Road from the north property line of Asbury street to the south property line of Kaufmann Avenue, presented and read. Councilman Freund moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council• man Schueller. 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 Schuller. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ;" ORDINANCE NO. 29.59 An Ordinance establishing a grade on Chaney Road from the North Property Line of Asbury Street to the South Property Lme of Kaufmann Avenue. i Be It Ordained by The City Coun- t cil of the City of Dubuque: } Section 1. That a grade on ` Chaney Road from the North prop- aI erty line oY Asbury street to the ' South property line of Kaufmann avenue be and the same is hereby established and adopted as shown by a profile of said street and ~ grade prepared by the City Engi- +~ neer, profile Number 1507. Bench Mark: Paint of arrow on fire hy- deant at the Northwest corner of intersection of Chaney Road and ;; Kaufmann Avenue. Elevation i 835.45. Said grade begins at Station t 0}00 which ie the North property line of Asbury Street with an ele- vation of 917.34, East and West curb: Thence to station 1}00. The P.I. at this Station has an eleva- tion of 913.94 and an M.O. of 1.61. The East and West curb Elevation of this 200 foot vertical curve is 912.33 at Station 1}Od. Thence to Station 2-{-00, West and East curb Elevation of 904.10: thence to Sta- tion, 3}50, East and West curb Elevation of 889,36: thence to sta- tion 4}50. The P.I. of a 200 foot vertical curve M.O. 0.84 East and West curb Elevation 880.35: Thence to Station 5}50, the East and West curb Elevation is 873.01 thence to station 7-00 East and West curb Elevation is 863.16: Thence to Station 8}OD the P.I. of a 200 foot vertical curve M.O. 0.96 and East and West curb eleva- tion of 857.72; Thence to Station 9}00 the East and West Curb Ele- vation is 864.09; Thence to Station 11}50 East and West Curb eleva- tion of 847.97: Thence to Station 12}50 P.I. of 200 foot vertical curve. Elevation of P.I, is 844.74 M.U. 0.89 East and West curb Ele- vation is 845.63: Thence to Sta- tion 13 } 50 East and West curb Elevation ie 845.65: Thence to Sta- tion 16}00 East and West curb Elevation 897.87: Thence to Statio^ 17}00 P. I. of a 200 foot vertical curve, bI.0.=0.58, East and West curb Elevation 84818: Thence to station 18}00 East and West curb Elevation of 847.31: Thence to sta. lion 20}40 East and bleat curb Elevation 843.68: Thence to P.I. of 200 foot vertical curve, P.I. Ele- vation 842.38 M.O. for East curb 1.19 Elevation 841.24, M.O. for West curb 0.80 curb Elevation 841.58: Thence to Station 22}40 curb Ele- vation East and West 841.24: Thence to Station 23}47.35 West curb Elevation 832.06, East curb Elevation 827.56. Section 2. This Ordinance shall be in full force and effect immedi- ately upon its final passage and adoption and publication provided by law. Section 3. That Ordinance Number G-493 adopted October 24, 1921, be and the same is hereby re- pealed. Passed, Adopted, and Approved this 13th day of May, 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: I,EO F .FROMMELT, City Clerk. Published officially in The Tele- graph-Herald newspaper this 20th day of May, 1959. LEO F. FROMMELT, It 5/20 City Clerk Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Sechueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 250 Special Session, May 13, 1959 ORDINANCE N0. 30.59 An Ordinance vacating Bauer street from the south line of Kauf- mann Avenue to its southerly ter- minus, 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, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilmen Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE No. 30-59 An Ordinance Vacating Bauer Street from the south line of Kaufmann Avenue to its southerly terminus. Whereas the Planning and Zon- ing Commission has recommend- ed the vacation of Bauer Street from Kaufmann Avenue to its southerly terminus; and Whereas the City Engineer has prepared and submitted to the City Council a plat showing said street, together with a portion of Bauer Street heretofore vacated and assigning lot numbers there- to; and Whereas the City Council has determined that said portions of said street are no longer required for public use; NOW THEREFORE, BE IT OR- IIAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Bauer Street from the southerly line of Kauf- mann Avenue 106.7 Yeet to its southerly terminus be and the came is hereby vacated; Section 2. That the plat of the vacated portion of said street, together with the portion here- tofore vacated, submitted by the City Engineer, and assigning lot numbers thereto, be and the same is hereby aPProved and the May- nr and City Clerk are hereby au- thorized to endorse the approval of the City of Dubuque, Iowa there- on. Section 3. This Ordinance shall he in full force and effect Prom and after its Pina] passage, adop- tion and publication as by law provided. introduced the 13th day of May 195x. Rule requiring reading on three separate days suspended by unani- mous vote the 13th day of May, 1959. Passed by recorded roll call vote, adopted and approved this 13th day of May, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: Leo F, Frommelt City Cierk Published officially in the Tele- graph Herald newspaper this 20th Uay of May 1959. LEO F. FROMMELT City Clerk. ] t 5-20 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, RESOLUTION N0.117.59 Whereas the City Manager has heretofore recommended the con- veyance of portions of vacated Bauer Street and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 337 to Otto Spechtenhauser in par- tial consideration of the convey- ance to the City of Dubuque of certain other properties for the ex- tension of Grandview Avenue; and Whereas the City Council has approved said recommendation; and Whereas before any City proper- ty may be disposed of a public hearing must be had on such pro- posal; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to convey Lot 1 and Lot 2 of Vacated Bauer Street and lot 1 of lot 2 of lot 1 of lot 1 of Mineral Lot 337 to Otto Spechtenhauser in partial consideration of the conveyance to the City of Dubuque of certain properties for the extension of Grandview Avenue, be and the e -. k ~' t- ~_, A;v 6 ~~ ;. r G~ ~ -: 'fg. k a r ~' Special Session, May 13, 1959 251 same is hereby set down for public hearing in the City Council Cham• bers in the City Hall in the City of Dubuque, Iowa, on June 22, 1959 at 7:30 o'clock P.M., and that the City Clerk be and he is hereby authorized and directed to give notice of such hearing by publica- tion in the Telegraph Herald once each week for two consecutive weeks, the last of which publica- tions shall be not less than 10 days prior to the date of such hearing. Passed, adopted and approved this 13th day of May, 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 Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 118.59 Whereas the City Manager has heretofore recommended the con- veyance of portions of North Grandview Avenue to Dale B, and Hilda Wiegand in partial consider- eration of the conveyance to the City of Dubuque of certain proper- ties for the extension of Grandview Avenue; and Whereas the City Council has ap- proved said recommendation; and Whereas before any City proper- ty may be disposed of a public hearing must be had on such pro- posal; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CTfY OF DUBUQUE, IOWA; Section 1. That the proposal to convey Lot 1 of lot 1 of lot 2 of lot 30 of Burtons Addition and lot 2 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of lot 1 of Mineral Lot 342 To Dale B. and Hilda Wiegand in partial consideration of the con- veyance to the City of Dubuque of certain properties for the exten• Sion of Grandview Avenue, be and the same is hereby set down for public hearing in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, on June 22, 1959 at 7:30 o'clock P.M., and that the City Clerk be and he is hereby authorized and directed to give not- ice of such hearing by publication in the Telegraph Herald once each week for two consecutive weeks, the last of which publications shall be not less than 10 days prior to the date of such hearing. Passed, adopted and approved this 13th day of May, 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 Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 119.59 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City. Name Address Mrs. Bessie E, Whitsel, 177 Main Street BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved, 252 Special Session, May 13, 1959 Passed, adopted and approved this 13th day of May, 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. RESOLUTION NO. 120.59 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 Name Address Mrs. Sally Glynn, 659 Central Ave. Noah, McNamer, 216 West First Street Mrs. Bessie E. Whitsel, 117 Main Street CLASS "C" PERMIT Ralph A. Dupont, 1395 Brown Ave. William G. Trimpler, 1701 Asbury Street Passed, adopted and approved this 13th day of May, 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. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. RESOLUTION NO. 121.59 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 Name Address Mrs. Sally Glynn, 659 Central Ave. Noah McNamer, 216 West First Street Mrs. Bessie E. Whitsel, 177 Main Street CLASS "C" PERMIT Ralph A. Dupont, 1395 Brown Ave. William G. Trimpler, 1701 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such appli• cants be and the same are hereby approved. Passed, adopted and approved this 13th day of May, 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, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. May 13, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your con- sideration is subdivision plat of Blocks 1, 2 and 3Mettel-Brooks Addition. This subdivision is locat- ed just west of Chaney Road and t-: ~. ~: I~ Special Session, May 13, 1959 253 north of Pennsylvania Avenue and is owned by the Mettel Realty and Investment Company, The Planning and Zoning Com- mission also recommends that Lots 1, 2, 3, Block 1Mettel-Brooks Addi- tion be rezoned from Single Family Classification to Local Business A Classification. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Welu moved that the recommendation of the Planning & Zoning Commission be approved and that proper proceedings be prepared. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 122.59 Resolution Approving the Plat of Blocks 1, 2 and 3 in "Mettel- Brooks Addition" 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 5 of Mineral Lot 260, Section 22, Township 89, North, Range 2 East of the 5th P,M. in the City of Dubuque, Dubuque County, Iowa is platted as Blocks 1, 2 and 3 in "Mettel- Brooks Addition" in the City of Dubuque, Dubuque County, Iowa by Mettel Realty 8 Investment Co., and Whereas upon said plat appear streets and easements which the owner upon said plat has dedicated 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 streets graded, or the sidewalks, surfacing, sewer or water mains in• stalled; Section 1. That the dedication of St. Anne Drive, Bristol Drive and St. Anne Court together with the easements for public utilities, as the same appear upon said plat, be and the same are hereby ac• cepted; Section 2. That the plat of the subdivision of Lot I of Lot 1 of Lot 1 of Lot 5 of Mineral Lat 280, Section 22, Township 89, North, Range 2, East of the 5th P.M, in the City of Dubuque, Dubuque County, Iowa, which shall hereafter be known as Blocks i, 2 and 3 in "Mettel•Brooks Addition" 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, providing the owner of said proper- ty, hereinbefore named, executes its written acceptance hereto at- tached, agreeing: (a) To reduce St. Anne Drive, Bristol Drive and St. Anne Court to grade as shown by the profile submitted with the plat; (b) To surface St. Anne Drive, Bristol Drive and St. Anne Court, as the same appear upon said plat, for a width of 30 feet from curb face to curb face with sia inch rolled stone base, with 2'fx inch hot mixed, hot laid, bituminous concrete surfacing and with con• Crete curb and gutter as shown in the City of Dubuque Standard Curb and Gutter Section; (c) Ta install water mains in accordance with the plans sub• mitted with the plat; (d) To install storm and sanitary sewers in aceordance 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 construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; 254 Special Session, May 13, 1959 (h) To maintain the street im- provements for a period of four (4) years from the date of their ac- ceptance and to maintain the san- itary sewer for a period of two (2) years from the date of its ac- ceptance; (i) To provide the foregoing con- struction and maintenance all at the expense of Mettel Realty & In- vestment Co., as owner; (j) To construct said improve- ments prior to November 1, 1960; (k) To install concrete sidewalks on both sides of Bristol Drive, St. Anne Drive and St. Anne Court, in accordance with City of Dubuque Standard Specifications for Per- manent Sidewalks, at owner's ex- pense, prior to November 1, 1961; and further provided that Mettel Realty & Investment Co., as owner of said subdivision, secure the per- formance of the foregoing condi- tions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Met- tel Realty & Investment Co. 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 13th day of May, 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 To Leo F, Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 122.59 has been provided by the owner. Dated at Dubuque, Iowa, this i7th day of June, 1959. L. J. SCHILTZ City Manager Councilman Freund 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. ACCEPTANCE OF RESOLUTION N0.122.59 Mettel Realty & Investment Co., being familiar with the terms and conditions of the foregoing Resolu- tion No. 122-59, hereby accepts the same and agrees o perform the conditions required of it therein. Dated this 17th day of June, A. D. 1959. METTEL REALTY & IN- VESTMENT CO. By C. E, METTEL There being no further business Councilman Freund moved to ad• journ. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. LEO F. FROMMELT, City Clerk Adopted ..................................1959 Approved ................................1959 Councilmen { ...................................... Attest ............... ..................... City Clerk Special Session, May 28, 1959 255 CITY COUNCIL (OFFICIAL) Special Session, May 28, 1959 Council met at 7:30 P.M. Present-Mayor Kintzinger, Coun- ~ cilmen Freund, Takos. City Man- ager Schiltz. Absent -Councilmen Schueller, Welu. Mayor Kintzinger read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of de- claring the results of an Advisory Election held on May 27, 1959, on the issue of Daylight Saving Time and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Communication of Mrs. Ben Walker of Stockton, III, objecting to Daylight Saving Time, presented and read. Councilman Takos moved that the communication be re- reived and filed. Seconded by Councilman Freund. Carried by the i following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos, Nays-None. Absent -Councilmen Schueller, Welu, Communication of Fred G. Smith of 1735' Central Avenue objecting to Daylight Saving Time, presentedf and read. Councilman Takos moved that the communication be received ~' and filed. Seconded by Councilman Freund. Carried by the following ' vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos, Nays-None. Absent -Councilmen Schueller, Welu, Proof of publication, certified to by the Publisher, of Notice of an .' Advisory Election on the issue ~, of Daylight Saving Time, presented ~ and read. Councilman Freund mov- ed that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent -Councilmen Schueller, i Welu. May 28, 1959 To the Members of the , City Council, City Hall, Dubuque, Iowa Gentlemen: We have made a public canvass of the Advisory Election returns on the following question sub- mitted to the electors of the City of Dubuque on May 27, 1959; SHALL THE AGENCIES OF THE CITY OF DUBUQUE BE PLACED UPON CENTRAL DAYLIGHT SAVING TIME AS OF 2:00 A.M, ON THE FIRST SUNDAY FOLLOWING THIS ELECTION UNTIL 2:00 A.M. ON THE LAST SUNDAY OF SEPTEMBER IN 1959, AND FROM THE LAST SUNDAY IN APRIL TO THE LAST SUN- DAY IN SEPTEMBER DUR- ING EACH YEAR THERE- AFTER? YES NO and herewith submit the report of the results of said canvass. TOTAL VOTES PRECINCT YES NO CAST FIRST .............. ....600 502 1112 SECOND .......... ....705 397 1107 THIRD .............. ....217 358 581 FOURTH .......... ....183 243 431 FIFTH .............. ....380 339 719 SIXTH .............. ....655 567 1234 SEVENTH ........ ....123 257 386 EIGHTH .............211 288 500 NINTH ............ ....152 295 447 TENTH ............ ....366 412 791 ELEVENTH .... ....315 488 815 TWELFTH ...... ....212 364 576 THIRTEENTH ...240 587 839 FOURTEENTH ....391 749 1154 FIFTEENTH . .....345 509 874 SDfTEENTH ... .....508 387 903 TOTALS ........5603 6742 12469 We, Charles A. Kintzinger, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, City Clerk, of the City of Dubuque, Iowa, do here- by certify that we publicly can• vassed the election returns on the 256 Special Session, May 28, 1959 question of DAYLIGHT SAVING TIME held on May 27, 1959, and find the following results: YES 5603 No 6742 Total Cast 12469 Respectfully submitted, CHARLES A. KINTZINGER, Mayor LEO F. FROMMELT, City Clerk 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, Takos. Nays-None. Absent -Councilmen Schueller, Welu, May 15, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I hereby certify that the cost of constructing a sewer from Kauf- mann Avenue to Scenic View Sub- division as constructed by Saffron Construction Company is as fol- lows: 953.5 Lin. Ft. 8" Vitrified Sewer ................................$1756.00 117.08 Cu. Yds, Rock Ex- cavation @ 7.20/cu. yd..... 842.98 Inspection Costs ..........., 129.92 $2728.90 This sewer has been inspected and approved by the City Engineer• ing Department. I request that a connection charge be set up for anyone con- necting to this sewer except George Saffron who has paid his propor- tionate share. Very truly yours, J. H. SCHILTZ Councilman Takos moved that the communication be received and made a matter of record, Seconded by Councilman Freund. Carried by the following vote: Yeas-rMayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent -Councilmen Schueller, Welu. RESOLUTION N0. 123.59 RESOLUTION accepting Sanitary Sewer constructed in Lot No. 10 of Weidenbacher's Subdivision, Lot No. 1 of Mineral Lot 399, and Part of Lot 1 of Lot 2 of Willy Place from the existing sanitary sewer in Kaufmann Avenue to the West- erly property line of part of Lot 1 of Lot 2 of Willy Place, WHEREAS, under the provisions of Resolution No. 29.59, J. H. Schiltz has constructed a sanitary sewer, and WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee under said Ordinance has filed with the City Council a certified statement showing all the amounts paid out by him in connection with the construction of said sewer, includ- ing engineering and inspection fees amounting to $2728.90; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That said sewer is hereby accepted by the City of Du- buque and that the same be here- after apublic sewer under the ex- clusive charge and control of the City of Dubuque. SECTION 2, That the acceptance of said sewer by the City of Du- buque and the establishment of said sewer as a public sewer shall not be construed to relieve J. H. Schiltz or his contractor, Saffron Construction Company, or his bondsmen from their obligation, or the obligation of any one of them, to keep said sewer in good repair for a period of not less than two years from the date of this resolu• lion as provided in Ordinance No. 29.59, SECTION 3. That hereafter any person or persons desiring to con- nect with said sewer, excepting J. H. Schiltz and George Saffron, shall first apply to the City Manager for permission to do so and such per- mission shall be granted upon con- dition that the applicant shall pay to the City Treasurer for the ac- count of J. H. Schiltz, a connection charge of $1.431 per front foot of land to be served by said connec- Special Session, May 28, 1959 257 lion, However, nothing in this reso- lutian shall be construed to exact any charge for any extension of said sewer made by the City of Dubuque or its permitees. SECTION 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved ~ this 28th day of May 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the resolution, Second- ed by Councilman Takos. Carried by the following vote: Xeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent -Councilmen Schueller, Welu. May 13, 1959 To the Honorable Mayor and City Council ~ Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivision plat of Blocks 1, 2, 3, 4, and 5 of Mary- : crest Sub. This subdivision is lo- cated west of Grandview Avenue Extension on Kane Street and is owned by George Saffron. This plat has been examined and ( approved by the Planning & Zon- ing Commission. Respectfully submitted, Dubuque Planning & Zoning Commission B O Ril S t y wen ey, ecre ary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: ~ Yeas-Mayor Kintzinger, Coun- <~ Gilman Freund, Takos. Nays-None. Absent -Councilmen Schueller, ;;.. Welu. RESOLUTION N0. 12459 RESOLUTION Approving Plat of Blocks 1, 2, 3, 4 and 5 of Marycrest Subdivision in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Willy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Willy Place; and Lot 1 of Lot 2 of Lot 1 of Lot 2 of Willy Place, each in the City of Dubuque, Iowa. is platted as Lots 1 and 2 Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 Block 2; Lots 1 and 2 Block 3; Lots 1,2,3,4,5,6,7,8,9,10,11,12, 13 and 14 Block 4; and Lots 1, 2, 3, 4, 5 and 6 Block 5, each in Mary crest Subdivision in the City of Dubuque, Iowa. 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 relat- ing 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 here- by approved and the Mayor and Clerk be and they are hereby auth- orized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 28th day of May, A,D., 1959. CHARLES A, KINTZDVGER Mayor GEORGE A. FREUND PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution, Second- ed by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent -Councilmen Schueller, Welu. 258 Special Session, May 28, 1959 Special Session, May 28, 1959 259 To the Honorable Mayor and City Council Dubuque, Iowa May 15, 1959 for which warrants were issued for the month of Apri1,1959. Respectfully submitted, L. J, SCHII,TZ, City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent -Councilman Schueller, Welu. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn during the month of April 1959, presented and read. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. Communication of Iowa State Department of Health issuing per- mit No. 59-80.5 for the project of the Sewage Pumping Station on Kerper Boulevard, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos, Nays-None. Absent-Councilmen Schueller, Welu. ti J Gentlemen: I am attaching the Statement of Peoples Natural Gas of Dubuque for the year 1958. This Statement is in accordance with the franchise under which the gas company oper- ates. According to this Statement, the company has not made a return on this investment suffiicent tD make any adjustment in the gas rates. The methods of accounting used by this company are not the same as those of other companies and the amount of plant investment the Peoples Natural Gas have included in this Statement is considerable more than that shown by the other company because of the fact that they have had an up to date valua- tion made of their property. In order that that the City will be able to satisfy themselves as to the value of the property on which the company is entitled to earn a return, I recommend that the City Manager be authorized to con- tact orate engineer to review this report and that the City and the company come to a firm under- standing as to the plant value. Very truly yours, L. J. SCHILTZ City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen, Freund, Takos. Nays-None. Absent -Councilman Schueller, Welu. May 20, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, City Health Department and City Water Works for the month of April as well as list of claims Notice of claim of Gerald W. Gassman, in an un-named amount, for damage to his car as the re- sult of striking a boulder in Staf- ford street on May 9, 1959, pre- sented and read. Councilman Ta• kos moved that the claim be re` ferred to the City Solicitor for investigation and report. Sec• onded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. v~ ORDINANCE NO. 31.59. An Ordinance establishing a grade on Grandview Avenue from the north property line of Ungs street to the south property- line of Kane street, presented a n d read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Takos. 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, Takos. Nays-None. Absent-Councilmen Schueller, Welu. ORDINANCE N0. 31.59 An ordinance establishing a grade on Grandview Avenue from the North Property line of Ungs Street to the South Property Line of Kane Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Grand• view Avenue from the North Property Line of Ungs street to the South Property Line of Kane Street, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1512. Bench Mark; Railroad spike in utility pole in the northeast corner of Ungs street and Grandview Avenue. Elevation 837.56. Said grade begins at station 0-00 which is the north westeTCUrbn gradesn 935S50ee thence ate station 1+50. P. C, elevation, east and west curb elevation 825.00: thence to station 2+00, P.I, elevation 821.50 M.0. =0.44. east and west curb elevation 821.94; thence to station 2+5Q P.T. elevation, east and west curb eleva• lion 819.75: thence to station 3+50, P.C. elevation, east and west curb ele- vation 818.25; thence to station 4+OD P.I. elevation 814.50, M.0.=0.31, easy and west curb elevation 814.19: thence to station 9+50, P.T, elevation, east and west curb elevation 811.50: thence to station 7+50, P.C. elevation east and west curb elevation 793.5: hence to station 8+00, P.I. elevation 790.50, M.o.=0.50, east and west curb eleva• lion 791.00: thence to station 8+50, P.T. elevation, east and west curb ele- vation 789.75: thence to station 11+511, P.C. elevation, east and west curb elevation 785.25: thence to station 12+00, P.I. elevation 784.50, M.0.= 0.44, east and west curb elevation 784.08: thence to station 12+50 P.T, elevation east and west curb eleva- tiUA 7$1,50; thence to station 16+50, P.C. elevation, east and west curb elevation 757.50: thence to station 17+00, P,I, elevation 759.50, M.0.= 0.50, east and west curb elevation 755.00: thence to station 17+50 P.T. elevation, east and west curb eleva- tion 754.00: thence to station 20+50, P.C. elevation east and west curb elevation 751.0: thence to station 21+00, P.I. elevation 750,50, M.0.= 0.25, east and west curb elevation 750.25: thence to station 21+50, P.T. elevation, east and west curb eleva• lion 749.00 thence to station 23+50, P.C. elevation, east and west curb ele• vation 743.00: thence to station 24100, P.I. elevation 741.50, M.0.= 0.12, east and west curb elevation 741.62: thence to station 24+50, P.T, elevation, east and west curb elevation 741.50: thence to station 26+50 P.C. elevation east and west curb elevation 738.50: thence tc station 27+00, P.I, elevation 735.50, M.0.=0.12, east and west curb eleva- tion 735.38: thence to station 27+50, P.T. elevat[on, east and west curb elevation 734.00 thence to station 30+83.9 P.C. elevation, east and west curb elevation 724.00: thence to sta• lion 32+33.9, P.I, elevation 719.50 M.0. =4.00, east and west curb elevation 723.50: thence to station 33+83.4, P.T. elevation, east and west curb elevation 728.50: thence to station 35+20, P.C. elevation east and west curb eleva- tion 736.70: thence to station 38+20 P.I. elevation 742.70, M.0.=3.00 easy and west curb elevation 739.70: thence to station 37+20, P.T. elevation east and west curb elevation 738.70: thence to station 38+50 P.C, elevation, east and west curb elevation 728.90: thence to station 39+OO, P.I, elevation 725.90, M.0.=0.62 east and west curb ele• vation 726,52: thence to station 39+50 P.T. elevation, east and west curb elevation 725.40: thence to station 39+84.4, which Is the south curb line of Kaufmann Avenue, east and west curb e]evaUon 725.28 from the North curb line of Kaufmann Avenue which is station 90+00, P.C. elevation, east and west curb elevation 728.30 to station 41+00, P.I. elevation X28,00 M.0.=2.57, east and west curb eleva- tion 730.57: thence to station 42+00, P.T, elevation, east and west curb elevation 740.00: thence to station 51+50, P.C. elevation east and west curb elevation 854.00: thence to sta- tion 52+00, P.I, elevation 860.00, M.0.= 1.37, east and west curb elevation 858.63: thence to station 52+50, P.T, elevation east and west curb elevation 869.50: thence to station 5Z+58, which is the south property line of Kane 'Street east and weal curb elevation 860.58. Section 2, Thls ordinance shall be in full force and effect Immediately ~Gpon its final passage and adoption and publication provided by law. Section 3. That ordinance number G•493 adopted October 24, 1921 be and the same is hereby repealed. Passed, adopted, and approved this 28th day of May, 1959. CHARLES A, KINTZnJGER Mayor GEORGE A. FREUND PETER J. TAKOS Councllmen Attest; LEO F. FROMMELT City Clerk Published officially in the Telegraph• Herald newspaper this 2nd day of June 1959. LEO F, F1tQ1dMELT City Clerk lt, sit 2d0 Special Session, May 28, 1959 Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Xeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. Petition of Ray F. Duehr et al requesting the opening, grading and surfacing of a platted alley running north from Dexter street one half block west of Auburn street and- one half block east of Algona, presented and read. Councilman Freund moved t h a t the petition be referred to the City Manager. Seconded by Coun- cilman Takos, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays--None. Absent-Councilmen Schueller, Welu. Petition of Sinclair Refining Co. requesting permission to pave ap- proximately 190 feet of South Terminal Street adjacent to their new asphalt terminal now under construction, presented and read. Councilman Takos moved that the petition be granted providing they meet the City Paving specifica- tions and provide proper drain- age. Seconded by Councilman Freund. Carried by the fallowing Vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund Takos. Nays-None. Absent-Councilmen Schueller, Welu. prior to paving the alley abutting the property, presented a n d read. Mayor Klntzinger moved that the petition be denied and authorization be given to the City Manager to grant permission of one sewer and water connection at his discretion. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. Mayor Kintzinger moved t h a t Mr. Harry Chambers and Mr, Rob- ert Waller be re-appointed to the Airport Zoning. Commission for a six year term to 6-1465. Seconded by Councilman Takos, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. Tbere being no further business Councilman Takos moved to ad- journ. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None, Absent-Councilmen Schueller, Welu. LEO F. FROMMELT City Clerk Approved ....................................1959 Petition of McDonnell Excavat- ing Service requesting permission to excavate in the streets of the City, presented and read. Council- man Takos moved that the peti- tion be granted. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. Petition of McMahan Real Es- tate & Insurance Agency, Agents for the owner of City Lots 212 and 213 requesting relief from sewer and water connections Adopted ......................................1959 Councilmen { ................................... Attest ............... ..... ................ City Clerk :~' ~, I -,' I a. ~itrfgtllar 9dssic>i't, ~ttne ~1, 1959 281 '~ ~~~~~ (17FfIC1AL] 'Regalar Session, Juice 1,1959. Council met at 7:30 ~P:M. 'resent = IMMayor Ifintzinger, ~ourieilnlen F r'e G n'd, Schueller, TBAtes, Welu. City Manager 6chiltz. Ma'gor I{inti7atger read hhe nail' slid stated 'that ~this''is the 'rcgillar' ~inonthty riieeting 'of -the City C`oun• cil for the purpose of °actilg upon such busincsg 'as 'niay" properly 'r8rile before the meeting. 'irroof ojPublication, certified fo liy`flle lsulilisher, of `1V'gtlce of P'end• envy of Resolution of Neci;sify `for 'pu'blic improveliients and hearing upon proposed plans, specifications, `fo`r`m of contract and cost of ~iin• proveinents `for City of Dubuque 1959 Boulevard Iaghting_ Project 7V'o, 1, 13id `~ectioiis 1 'to 8 as fol-' rows: Bid Section 1-Plan A,or.ll Main Street from 4th 5'treet to 12th Street. Bid $ec~fort'2=PIin A or b '1Kain'Street from Bones Street to 4th Street. .. Bltl Section ~1--Plan A or 8 ,1Hait< Street from 12th Street to Loral ~BOnlevard Bid Section 4-Plan B or C :Iowa'St~eet from 4th Street to Loral Boulevard 'Sid lettlon S~Plan'A orb ;Central Avepife from 4th Street to Loral Boulevard '9iBF'.Itctfd'q F=,~la~.`A or,ti , Central Avenue from I:oras Boulevard to 22nd Street Bid S , tion 7-Plan A or D ~B3gh~ Street from Bluff Street to Central Avenue. Bid Section'8=glen A or B Niptll Stm,Eet from Bluff Street to Central 'Avenue. BSTIMATED ASSESSED COST City of Dubuque 159 ~ovlerard Lighting Proiee}'No. Y Bid Section 1 Plan 9 X41,427.70 Plan B 34;324.32 ~tai~ntStreet from 4th Street to 12th 'Bid Section 2 Plan A P4,B10.B2 -Plan B '20,564:41 Ateln'Street`from 3od'es StrEet`to 4th Street BYd Section 3 Plan A 10,213.87 Plan B 8,437.89 M81~ Ssceet from 12th'Street to Loral BaAleval'd Bid S'ectTon 9 'Ple~'B 42,281.14 Plan C 36,381.79 -=-4.,_ Iowa,St><eet`€rom 4th $ireet f;a Lorn Boulevard Bid Section 5 Plan A 61,779.39 Plan B 48;863:33 Ce4tra1 Avenug from 4th "Street to Lorb~, "BowtNJJ4i~d. iiid SeCtloc '8 Plan A a1;85fi.47 -Plan B 9S,E59.34 Central Avenue from Loral Boulevard to 22nd Street Bid Section 7 Plen A 18;193.74 Plan ~ 12,3511b8 Fsshth 'Street 'from Bluff Street to Ce~Yal Avenue Bib 9ect(oh "8 Plan A 16;807.b8 Plaa B 13,355.42 i~timh 5tteet from Bluff Street to Central Avemre. presented and read. Councilman Freund moved that i~lte proof `df publication be received 'and filed. Seconded by Councilman Welu, Carried by the following vote: 3feas--Mayor Kintzinger, Goun• cilmen -Freund, Schueller, Takos, ~Welu. Nays-None. Petition of Fred R. Appel et al, containing 66 signatures, objecting 'to the proposed City of Dubuque -1t~19 Lightingprogram for Central Avenue, presented and read. Councilman Freund moved that the petition be received and filed. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nf•y~None. -)Yetkion of G. C. Scherrer et al atijeetin~ to the proposed boule- vard lighting program on "Main `Street in the block between 13th and 14th, presented and read. Councilman 'Freund moved that ~ttie''petitIon be received and`fiFed. 'Seconded by Councilman Welu. Garrled by the following vote: `Yeas-Mayor Kintzinger, Council- 'inen Freund, Schueller, Takos, ~Welu. Nays-None. "Petition of Medical Associates ~t+nd Medical Associates Realty re- `qliesting Favorable action on the lighting program adjacent to their ~ropi;rty anl2th & Main~and from 12th to 19th street on -Iowa, pre• =sdnted slid i~ad.